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Protection Order
I need a protection order to ensure the safety of myself and my children from a person who has been threatening and harassing us. The order should include provisions for no contact, exclusion from our residence, and restrictions on approaching our workplace and children's school.
What is a Protection Order?
A Protection Order is a court-issued legal directive that helps keep people safe from domestic violence in New Zealand. It creates a shield of legal protection by stopping an abusive person (called the respondent) from contacting, threatening, or harming the protected person and any children involved.
The order gives police strong powers to act quickly if it's breached, and typically includes two main parts: non-violence conditions that are always included, and non-contact conditions that restrict how the respondent can interact with protected people. Under the Family Violence Act 2018, anyone experiencing family violence can apply for this protection through the Family Court, even without a lawyer.
When should you use a Protection Order?
Consider applying for a Protection Order when you feel unsafe due to family violence, threats, or intimidating behavior from a partner, ex-partner, or family member. Common situations include physical abuse, stalking, harassment through social media, or when someone repeatedly shows up at your home or workplace despite being asked to stay away.
Time matters - apply immediately if you or your children face immediate danger. The Family Court can grant urgent orders within 24 hours without notifying the other person. Even if the abuse isn't physical, psychological abuse or controlling behavior are valid grounds for protection. The order remains effective until formally discharged by the court.
What are the different types of Protection Order?
- Standard Protection Orders include non-violence conditions (preventing abuse or threats) and non-contact conditions (restricting communication and proximity)
- Temporary Protection Orders offer immediate safety, lasting up to 3 months while awaiting a final hearing
- Final Protection Orders remain in force indefinitely until discharged by the court
- Without Notice Orders are granted urgently when there's immediate risk, without first informing the respondent
- Modified Orders can adjust conditions for special circumstances, like supervised child contact or necessary workplace interaction
Who should typically use a Protection Order?
- Protected Persons: Adults and children who receive legal protection from family violence through the order
- Family Court Judges: Review applications and issue Protection Orders, setting specific conditions
- Police Officers: Enforce Protection Orders and respond to breaches with arrest powers
- Lawyers: Help applicants prepare documentation and navigate the court process
- Respondents: People bound by the order's conditions, facing criminal penalties for breaches
- Support Services: Organizations providing safety planning and ongoing assistance to protected persons
How do you write a Protection Order?
- Personal Details: Gather full names, addresses, and contact details for yourself and the respondent
- Evidence Documentation: Collect police reports, medical records, threatening messages, or witness statements
- Safety Assessment: Document specific incidents of violence or threats, including dates and locations
- Child Information: Include details of any children needing protection, including custody arrangements
- Protection Needs: List specific places (home, work, school) requiring protection zones
- Application Form: Complete the Family Court's Protection Order application, including affidavit details
What should be included in a Protection Order?
- Non-Violence Conditions: Standard prohibitions against physical, sexual, or psychological abuse
- Contact Restrictions: Specific rules about communication, proximity, and no-go zones
- Protected Persons: Clear identification of all people covered by the order, including children
- Respondent Details: Full legal name and identifying information of the person bound by the order
- Duration Terms: Specification of temporary or permanent status with relevant dates
- Enforcement Powers: Police authority to arrest for breaches without warrant
- Special Conditions: Any additional restrictions or requirements unique to the situation
What's the difference between a Protection Order and a Restraining Order?
Protection Orders and Restraining Orders are often confused, but they serve different legal purposes in New Zealand. While both aim to keep people safe from harm, they have important distinctions in their scope and application.
- Legal Framework: Protection Orders specifically address family violence under the Family Violence Act 2018, while Restraining Orders deal with harassment from anyone, including non-family members
- Available Protections: Protection Orders include both non-violence and non-contact conditions, plus automatic protection for children. Restraining Orders typically only restrict contact and proximity
- Enforcement Power: Protection Orders give police stronger immediate arrest powers and carry heavier penalties for breaches
- Application Process: Protection Orders can be granted more quickly in urgent situations, often without notice to the respondent, while Restraining Orders usually require notice
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