What is a protection order under the Family Violence Act 2018 in New Zealand?
A protection order is a court order under the Family Violence Act 2018 that protects you from a person who has been violent, threatening, or psychologically abusive toward you. It prohibits the respondent from using family violence, contacting you, and in some cases from coming near your home or workplace.
Who can apply for a protection order in New Zealand?
Any person who has experienced family violence can apply for a protection order if they have a family or domestic relationship with the respondent. This includes current and former partners, spouses, family members, people who share or have shared a household, and people in a close personal relationship as defined in the Family Violence Act 2018.
How do I apply for a protection order without a lawyer in New Zealand?
You apply at the Family Court using Form FVPA1 (Application for Protection Order) available free at the Family Court registry or at justice.govt.nz. You file the form with a supporting affidavit describing the violence or threats. Court staff can assist you. Women's Refuge and Shine also offer free help completing the paperwork.
Can I get an emergency protection order the same day in New Zealand?
Yes. If you are in immediate danger, you can apply for a without-notice (urgent) protection order. The judge considers only your application without the respondent being present. If satisfied you are at risk, the order is made immediately and served on the respondent by police. Police can also issue a Police Safety Order of up to 10 days without a court application.
What is a Police Safety Order and how is it different from a protection order in New Zealand?
A Police Safety Order can be issued by police on the spot without going to court when they believe family violence has occurred or is likely. It lasts up to 10 days and requires the person causing harm to leave the home. It is a short-term measure — you should also apply to the Family Court for a protection order during those 10 days.
What does a protection order actually prevent the respondent from doing in New Zealand?
A standard protection order prohibits the respondent from using family violence against you and your children, contacting you directly or indirectly, and in many cases from coming within a specified distance of your home, workplace, or children's school. Breaching the order is a criminal offence carrying up to three years imprisonment.
Do children get protection under a protection order in New Zealand?
Yes. When you apply for a protection order, your children under 17 who ordinarily live with you are automatically included as associated respondents unless the court orders otherwise. This means the order protects both you and your children from the respondent's behaviour.
What free support services are available to help me apply for a protection order in New Zealand?
Women's Refuge (0800 733 843) provides 24-hour crisis support and can help you with your application. Shine (0508 744 633) assists all genders. Community Law Centres provide free legal advice. The Family Court has duty lawyers on court days. All of these services are free and confidential.
Can the respondent challenge a protection order in New Zealand?
Yes. After a without-notice order is served, the respondent can apply to discharge or vary it. A hearing is then scheduled where both parties give evidence. You may bring a support person to the hearing. Legal aid may be available to both parties for this hearing.
How does uplaw.ai help with a protection order application in New Zealand?
Tell us what has been happening and your relationship to the person in the chat. We help you understand the Family Violence Act 2018 process, identify whether a without-notice order is appropriate, and guide you on completing Form FVPA1 with the necessary detail for the court.
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