What is a restraining order in New Zealand and when can I get one?
A restraining order in New Zealand is a court order that prohibits a person from contacting you, coming near your home or workplace, or behaving in a harassing way. You can apply under the Harassment Act 1997 if someone has harassed you on at least two occasions, or under the Family Violence Act 2018 if the person is a family member.
What is the difference between a restraining order and a protection order in New Zealand?
A restraining order under the Harassment Act 1997 applies to any person who has harassed you, including neighbours, colleagues, or strangers. A protection order under the Family Violence Act 2018 applies specifically to situations involving domestic violence by a family member, former partner, or someone you have a close personal relationship with.
How do I apply for a restraining order at the Family Court in New Zealand?
You apply by completing Form F01 (Application for Restraining Order) available at the Family Court or on the Ministry of Justice website at justice.govt.nz. You file the completed form at your nearest Family Court registry. There is no filing fee for a restraining order application. Court staff can assist you with the paperwork.
Can I get an emergency or urgent restraining order in New Zealand?
Yes. If you are in immediate danger or fear of harassment, you can ask the court for a without-notice order, also known as an ex parte order, which is made without the other person being present. The court can make this order urgently, sometimes on the same day, if satisfied you are at risk of harm.
What evidence do I need for a restraining order application in New Zealand?
You should provide a written statement describing each incident of harassment, including dates, times, locations, and what was said or done. Include any supporting evidence such as screenshots of messages, emails, photos, witness names, or police reports. The more detail you provide, the stronger your application will be.
How long does a restraining order last in New Zealand?
A restraining order made on notice (after a hearing with both parties present) can be made permanent or for a specified period. A without-notice interim order remains in force until a hearing is held, usually within three months, at which point it can be made permanent or discharged.
What happens if someone breaches a restraining order in New Zealand?
Breaching a restraining order is a criminal offence under the Harassment Act 1997, punishable by up to two years imprisonment. You should call NZ Police immediately if someone breaches your order. Provide the police with a copy of the court order, and they can arrest the person.
Can the respondent challenge a restraining order in New Zealand?
Yes. If the order was made without notice, the respondent has the right to apply to discharge or vary it at a hearing. At that hearing both parties can present their evidence. The judge will decide whether to make the order permanent, vary its terms, or discharge it entirely.
Is there free legal help available for restraining order applications in New Zealand?
Yes. Community Law Centres throughout New Zealand offer free legal advice on restraining order applications. Citizens Advice Bureau can also provide guidance. If the situation involves family violence, Women's Refuge and Shine offer advocacy support. Duty lawyers at the Family Court can assist on court days.
How does uplaw.ai help with a restraining order application in New Zealand?
Tell us what has been happening and who the person is in the chat. We help you identify whether to apply under the Harassment Act 1997 or the Family Violence Act 2018, explain the forms you need to complete, and outline what to include in your supporting statement.
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