Protection Orders

In New Zealand, a Protection Order is a legal tool issued by the Family Court to help keep you and your children safe from someone who is using family violence against you. It is a powerful way to establish clear boundaries that are enforceable by the Police.

1. What a Protection Order Does

The order sets strict conditions that the person using violence (the respondent) must follow. If they break these rules, it is a criminal offense, and the Police can arrest them immediately.

Non-Violence: They must not use physical, sexual, or psychological abuse (including threats, property damage, or financial control).
Non-Contact: They are forbidden from contacting you in any way—no texts, calls, emails, or social media messages—and they cannot follow you or hang around your home or workplace.
Weapon Surrender: They must hand over all firearms and their firearms license to the Police within 24 hours.
Compulsory Programmes: The court usually orders the respondent to attend a non-violence programme to address their behavior.

2. The Two Ways to Apply

Without Notice (Urgent): If you are in immediate danger, a lawyer can file an application “without notice.” A judge can often make a Temporary Protection Order on the same day, without the abuser being told first. They only find out once the Police serve them with the order.
On Notice (Non-Urgent): If there is no immediate risk of “undue hardship,” the application is served to the respondent first, giving them a chance to respond before a judge makes a final decision.

3. Additional “Wrap-Around” Orders

When you apply for a Protection Order, you can also ask the court for other orders to help secure your life:

Occupation Order: Gives you the right to stay in the family home, even if the house is in the abuser’s name. They must move out.
Tenancy Order: Makes you the sole tenant of a rental property, removing the abuser from the lease.
Furniture Order: Allows you to keep essential household furniture and appliances so you can continue to function.
Parenting Order: Sets out who will care for the children and ensures any contact they have with the other parent is safe (such as supervised contact).

Important Resources for New Zealand

Cost: There is no filing fee to apply for a Protection Order in the Family Court.
Legal Aid: You may be eligible for Legal Aid to cover the cost of a lawyer. Many family lawyers specialize in these applications.
Confidentiality: You can file a “Request for Confidentiality” so your new address is kept secret from the abuser.