Protection Orders
Family violence is a prominent and very serious issue faced by far too many New Zealanders, for woman in particular. In 2020 alone, Police recorded 165,039 investigations related to family violence (NZ Police, 2021). This is just the reported incidences, there are many family violence occurrences that go unreported.
The Family Violence Act 2018 defines family violence as an infliction against a person; and is inflicted by another whom that person is, or has been, in a family relationship with. A family relationship includes a partner, family member, a person with whom there is a close personal relationship, or where a household is ordinarily shared by people, such as a flatmate or even an employee. The violence which is inflicted may be abuse of a physical, psychological, or sexual nature, such as the use of threats, stalking, watching, or even causing damage to property or harming animals.
Where family violence is prevalent, a person can seek a protection order from the Court. A protection order can be made and enforced on the same day the application is filed with Court, if a Judge holds the view that it is necessary.
Where children are involved, any child of the person who applies for a protection order and is successful, is also protected by the order. In addition, as a standard condition of any protection order, there is an automatic suspension of contact which means the respondent cannot contact or encourage others to contact the protected person(s) whilst the order is in place, except by way of consent, formal agreement, or other court order such as one made in relation to childcare and contact with any child.
If you have been a victim or continue to be a victim of family violence, speak with a lawyer today and they can advise you how a protection order works, and whether protection is likely to be deemed necessary in your personal circumstances. It is an offence to breach a protection order thus, when one is in place, the Police can better protect you and your loved ones by removing and arresting the respondent, or person(s) whom you need protection from.