Protection Orders in New Zealand
Your comprehensive guide to protection orders - how to apply, what they cover, and how they can keep you and your family safe from family violence.
What is a Protection Order?
A protection order is a legal order made by the Family Court under the Family Violence Act 2018. It's designed to protect you and your children from a person who has been violent or is threatening violence against you.
What a Protection Order Does
- • Prohibits violence: The respondent must not physically, sexually, or psychologically abuse you
- • No contact: They cannot contact you, directly or indirectly
- • Stay away: They must not come to your home, workplace, or children's school
- • No damage: They cannot damage your property
- • No encouraging others: They cannot get others to do these things
What is "Family Violence"?
Under the Family Violence Act 2018, family violence includes:
Physical Violence
- • Hitting, punching, slapping
- • Pushing, shoving, grabbing
- • Strangling or choking
- • Using weapons
- • Physical restraint
Sexual Violence
- • Unwanted sexual contact
- • Sexual assault or rape
- • Sexual coercion
- • Reproductive coercion
Psychological Violence
- • Threats and intimidation
- • Constant criticism and humiliation
- • Isolation from family/friends
- • Stalking and harassment
- • Coercive control
Economic Violence
- • Controlling finances
- • Preventing employment
- • Withholding money
- • Running up debt in your name
Who Can Apply for a Protection Order?
Protection orders are only available where there is a "domestic relationship" between you and the person you need protection from. This includes:
Qualifying Relationships
- • Spouse or partner (current or former)
- • De facto partner (current or former)
- • Family members (parents, siblings, children)
- • People who share a household
- • People with close personal relationships
- • Parents of a child together
Who Can Be Protected
- • You (the applicant)
- • Your children
- • Any child living with you
- • Other family members at risk
If the Relationship Doesn't Qualify
If you don't have a domestic relationship (e.g., harassment from a neighbor or stranger), you may be able to get a restraining order under the Harassment Act 1997 instead. Talk to a lawyer about your options.
How to Apply for a Protection Order
You can apply for a protection order through the Family Court. Here's how:
Get the Forms
You'll need to complete an Application for Protection Order form. These are available from the Family Court, Community Law Centres, Women's Refuge, or a lawyer.
Complete an Affidavit
Write a detailed statement about the violence you've experienced. Include specific incidents with dates, what happened, any witnesses, and why you need protection. This is your evidence.
File at the Family Court
Take your completed forms to the Family Court. There is no filing fee for protection order applications. The court may be able to process urgent applications the same day.
Temporary Order (Without Notice)
In urgent cases, the judge can make a temporary protection order without telling the respondent first. This gives you immediate protection while the full application is processed.
Service on Respondent
Police will serve the order on the respondent (the person you need protection from). The order becomes effective once served.
Free Legal Help Available
You may be eligible for legal aid to cover the cost of a lawyer for protection order applications. Many lawyers also offer free initial consultations for family violence matters.
Types of Protection Orders
Temporary Protection Order
Made urgently without notice to the respondent. Provides immediate protection.
- • Can be granted same day in urgent cases
- • Lasts until the full hearing
- • Respondent can apply to have it discharged
- • Becomes final if not challenged within 3 months
Final Protection Order
Made after the respondent has had a chance to be heard, or when a temporary order becomes final.
- • Permanent (no expiry date)
- • Remains in effect until discharged by court
- • Can only be changed by court order
- • Breach is a criminal offence
Additional Conditions
The court can add special conditions to your protection order, such as:
- Property occupation order: The respondent must leave the family home
- Furniture order: You can keep necessary furniture and belongings
- Tenancy order: The tenancy is transferred to you
- Weapons order: The respondent must surrender firearms
- Specific conditions: Any other conditions needed for your safety
What Happens After Getting a Protection Order?
If the Order is Breached
Breaching a protection order is a criminal offence. If the respondent contacts you, comes to your home, or does anything prohibited by the order:
Breach Penalties
- • First breach: Up to 3 years imprisonment
- • Subsequent breaches: Up to 3 years imprisonment per breach
- • Police can arrest without a warrant
- • Bail may be denied or have strict conditions
If There's a Breach - What to Do
- Call 111 if you're in immediate danger
- Keep a copy of your protection order with you
- Document the breach (dates, times, what happened, witnesses)
- Report to police even if not urgent - all breaches should be recorded
- Contact your lawyer if you have one
Programmes Required
When a protection order is made, the respondent is usually required to attend a non-violence programme. These programmes are designed to help them understand and change their behavior. You may also be offered a safety programme (optional).
Can a Protection Order Be Changed?
Yes. Either party can apply to vary (change) or discharge (cancel) a protection order. However, the court will only make changes if circumstances have genuinely changed and it's safe to do so. This is not common.
Need Help With a Protection Order?
Our experienced family lawyers can help you apply for a protection order urgently and ensure you and your family are protected.
Frequently Asked Questions
How quickly can I get a protection order?
In urgent cases, a temporary protection order can be granted the same day you apply. The court treats these applications as priority matters. If filed early in the day with good supporting evidence, you could have an order by the end of the day.
Does a protection order cost money?
There is no court filing fee for protection order applications. If you need a lawyer, legal aid is often available to cover legal costs. Many lawyers also offer free initial consultations for domestic violence matters.
Will a protection order affect custody of children?
A protection order doesn't automatically determine custody, but it can affect parenting arrangements. The court may order supervised contact or no contact. Separate parenting orders may still be needed to establish formal care arrangements.
What if the respondent lives with me?
You can apply for a property occupation order alongside your protection order. This requires the respondent to leave the home. The court can make this order even if the respondent owns or rents the property, to ensure your safety.
How long does a protection order last?
A final protection order has no expiry date - it remains in effect permanently unless the court discharges it. Either party can apply to discharge the order, but this is only granted if circumstances have truly changed and it's safe to do so.
Support Resources
Emergency
If you're in immediate danger
111
Women's Refuge
24/7 crisis line
0800 733 843
Shine
Domestic abuse helpline
0508 744 633