What is a protection order in New Zealand?
A protection order is a court order made under the Family Violence Act 2018 that prohibits a person who has committed family violence from having contact with you or coming near your home or workplace. Breaching a protection order is a criminal offence.
Who can apply for a protection order in New Zealand?
You can apply if you are a victim of family violence committed by a person you are or were in a family or domestic relationship with. This includes current or former spouses, de facto partners, family members, or people you share a household with. You can also apply on behalf of a child.
What is a temporary protection order and how quickly can I get one?
A temporary protection order can be made without notice to the respondent where there is a risk of further family violence. The Family Court can make a temporary order the same day you apply if the risk is urgent. The order takes effect immediately upon service on the respondent.
Do I need a lawyer to apply for a protection order in New Zealand?
No. You can apply to the Family Court yourself without a lawyer. The court provides guidance documents and the application forms are available from the Ministry of Justice. If you are at immediate risk, Police can issue a Police safety order without any court application.
What is a Police safety order in New Zealand?
A Police safety order can be issued by Police on the spot without a court application. It removes the person causing the violence from your home for up to 10 days to give you time to apply for a protection order. No charge or conviction is required for Police to issue one.
What happens at the Family Court hearing for a protection order?
At the hearing the judge considers the application and any response from the respondent. The judge can make a final protection order if satisfied on the balance of probabilities that family violence has occurred and is likely to occur again. The respondent has the right to be heard but cannot compel you to attend unless you are called as a witness.
Is there a fee to apply for a protection order in New Zealand?
No. There is no filing fee for protection order applications in the Family Court. Free legal advice is also available through Community Law Centres and the Women's Refuge for people applying for protection orders.
Does a protection order application require notarization in New Zealand?
No. Protection order application forms do not require notarization. You sign them as ordinary court documents under declaration.
What can and cannot be done without a lawyer for a protection order in New Zealand?
Filing the application form, attending without notice hearings, and having Police issue a safety order are all processes you can access without a lawyer. If the matter proceeds to a contested final hearing, legal representation significantly improves outcomes.
How does uplaw.ai help with a protection order application in New Zealand?
Tell us what has been happening, who the person is, and what contact you want to stop in the chat. We help you complete the Family Court application form and prepare a supporting statement of family violence that clearly presents your situation to the judge.
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Need a protection order in New Zealand? Tell uplaw.ai what has been happening.
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