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Domestic Violence

Domestic or family violence in New Zealand is a significant social issue. It directly affects the well-being of families/whānau and the extent to which they can participate in society. It creates high personal costs for those affected and significant and economic costs to society as a whole. 1

Many families in New Zealand are affected by domestic violence and the longer the violence goes on the worse it is likely to get. Children as well as adults are affected by domestic violence as they are likely to suffer psychological harm when exposed to such violence.

Some facts about domestic violence:

9,364 final protection orders affecting approximately 30,000 children were made in the Family Court between 2000-2003.2

Child Youth and Family recorded 7,057 substantiated child abuse notifications in 2002-2003. 3

7,966 women and 9,241 children used Refuge services in 2000-2001. 4

Police records show that 52% of murders in 2000 were family violence related. In the same year 12,000 family violence assaults were recorded. 5

Information on Protection Orders and the Domestic Violence Act

Information about the Domestic Violence Act

Applying for a Protection Order

Responding to a Protection Order


What does the law mean by "Domestic Violence"?

The Domestic Violence Act 1995 defines domestic violence as more than physical abuse, it can also include sexual or psychological abuse.

Physical abuse: nobody, including a husband, wife, partner or an adult who looks after children, is allowed to hit, punch, kick or in any way assault another person.

Sexual abuse: nobody is allowed to have any sexual contact with another person without that person's permission.

Psychological abuse: can include intimidation, threats and harassment. The following are examples of psychological abuse by a Respondent:

  • damaging property;
  • allowing a child to see or hear any domestic violence;
  • controlling someone's contact with friends as a way of having power over him or her.

At the heart of the Domestic Violence Act 1995 is the Protection Order. A Protection Order names the person who is abusive (the respondent) and states what behaviour is illegal under the Order.

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Who can be affected by Domestic Violence?

The Domestic Violence Act helps protect people in many different relationships, including:

  • married couples;
  • couples in civil unions
  • de facto couples;
  • gay and lesbian couples;
  • children;
  • family/whānau;
  • anyone in a close personal relationship;
  • flatmates or other people who share accommodation.

How can I get protection from domestic violence?

The Family Court can issue a Protection Order if it is satisfied that domestic violence has occurred and that the Protection Order is needed to protect the applicant and other persons for whom protection is sought.

A Protection Order automatically covers any child under the age of 17 years who usually lives in the house.

The person the application is being made against is called the respondent. A Protection Order can also be made against a third person (an associated respondent) whom the respondent has encouraged to engage in domestic violence against the applicant.

The Protection Order may cover other persons (such as friends, or a new partner, or any other specified person) who are at risk from the respondent or associated respondent because of their relationship with the applicant.

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Applying for a Protection Order

If you are affected by domestic violence you may apply to the Family Court for a Protection Order. However, you must consider the following:

Are you in a domestic relationship with the person you are seeking a Protection Order against?

You are in a domestic relationship with another person, if you and that person:

  • are (or have been) married;
  • are (or have been) in a civil union
  • are (or have been) in a de facto relationship, whether gay, lesbian or heterosexual;
  • are the biological parents of a child;
  • are (or have been) members of the same family;
  • ordinarily share (or have shared) a household;
  • have (or have had) a close personal relationship, whether or not you have lived in the same house.

If you are in a domestic relationship you can take the following actions to apply for a protection order.

a) Decide to act

It takes courage to stand up to domestic violence, but it's important to remember that everyone is better off when violence stops. That includes you, your children, anyone else who lives with you, and even the person abusing you. Remember you are not alone since the Act was passed thousands of people have applied for protection orders.

b) Find people who will help

If you are in immediate danger, call the Police. They will respond immediately.

If the danger is not immediate, but you decide you want to make the violence stop, there are community organisations that will help you. These include the Family Court, the Police, the Department of Child, Youth and Family Services, Women's Refuge, Stopping Violence Services, your lawyer, Victim Support, and many other government and community organisations.

A list of other organisations that can help is at the front of the phone book (white pages) under Emergency Services or Personal Help Services.

These organisations can help in many ways, including:

  • arranging to pick you up if you don't have money or a car;
  • arranging emergency accommodation for you and your children if you need to get out of your home;
  • discussing the different choices you have and the legal, housing, and financial assistance you can get;
  • giving you information on how the system works, the Police, the Family Court, legal aid, etc;
  • quickly arranging an appointment with a lawyer;
  • supporting you in applying for a Protection Order.

Organisations, such as Work and Income, can help you with welfare, money, or support or support services.

c) Apply for the Order

You need to fill out an application form. It is a good idea to do this with the help of a lawyer. If you are on a low income your lawyer can also help you apply for legal aid.

Your lawyer will also write down your evidence about why you need a Protection Order in a sworn statement (called an affidavit). This is filed with the application, seen and considered by the Judge (usually that day), and served on the other party.

At the same time you can apply for a Occupation Order to allow you to live in the house or a Tenancy Order to allow you to occupy a rented house. A Furniture Order will allow you to keep the furniture for your use, or to take it with you if you are going to live somewhere else.

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Getting Legal Advice

Choose a lawyer who is familiar with the Domestic Violence Act and the Family Court. Lawyers are listed in the Yellow Pages or ask your local Family Court, Community Law Centre or Family Law Section for some names. Your lawyer will help you work out what to apply for and how to do it. Together, you can then decide what your next step should be.

If you are worried about the cost of legal advice, ask a lawyer about applying for legal aid.

If you don't want to see a lawyer you can seek information from your local Community Law Centre, Citizens Advice Bureau or nearest Family Court. However Family Court staff can't give you legal advice.

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Completing an Application

To make an application you need to read the guidelines on the application process and completing the forms.

For a protection order you need to complete the following forms:

G7 Information Sheet

DV 1 Front page

DV 3 Application Form for without notice or on notice application

DV 4 Affidavit Form

An affidavit is the factual information that you are relying on (evidence) to support the application for a Protection Order.

It must set out a brief history of your relationship with the respondent, and all the relevant circumstances and details of the domestic violence.

The affidavit needs to be sworn (signed) by you in the presence of a lawyer (not your own) or a Court Registrar.

You may also need to complete the following forms:

DV5 Notice of Residential Address and Request for confidentiality form (if you want to keep your address confidential).

DV6 Form (information for the Police on firearms and weapons).

Can a child apply for a protection order?

Yes, children may apply for their own Protection Orders (with the help of an adult). This is not usually necessary, because when a parent applies for a Protection Order, children under the age of 17 living in the same household are covered.

Is your application urgent?

If your application is urgent, you can make it without notice. This means that you can ask the Family Court to make the Protection Order without the respondent being told that you are making the application. The respondent is advised after the Order is made and then has an opportunity to challenge it.

For a Protection Order to be made without notice, you have to satisfy the Court that you, or any children living or staying with you, may be at risk of harm or undue hardship if your application is not considered immediately.

How long does it take to get a Temporary Protection Order?

In cases of an emergency or where there is urgency, Temporary Protection Orders are made immediately and without notice which means the person the Protection Order is taken out against (the respondent) is not aware of it.

In some circumstances, the Judge may direct that the application will be heard on notice. This means that both parties will have the opportunity to be heard by the Court. If this happens, the Judge will normally give the respondent a short period of time (say 24 hours or a few days at most) to file a written defence. If a defence is filed, the Court will then hear each side and make a decision.

If you feel unsafe while waiting for the application to be heard, or for the respondent to be advised of the order, contact one of the support agencies for assistance.

If your application is not urgent

If your application is not urgent, it is made on notice. This means that the respondent is advised that you have applied for an Order and has the opportunity to file a written defence before the Court considers the application. He or she is entitled to appear in Court to defend it. If you feel unsafe while waiting for the application to be heard contact one of the support agencies for assistance.

Can I keep my address confidential from the respondent?

If you need to keep your address confidential, you must complete a Notice of Residential Address and Request for Confidentiality Form (DV5). You need to read the guidelines on completing the forms. The Court will then take steps to ensure that the respondent cannot find out your address from the Court documents or file.

You can also ask the Court or your lawyer about keeping your address or other public documents confidential.

What address for service do I have to provide on my application?

You must provide an address for service to which Court documents can be delivered. If you have a lawyer, his or her address can be your address for service. If you do not have a lawyer and you wish to keep your residential address confidential, you will need to supply another address at which documents can be delivered to you.

Have you been granted a Non-molestation, Non-violence Order or any order under the Domestic Violence Act 1995 in the past?

If so, you should tell the Court about the previous order and which Family Court issued the order attaching a copy of it to your application, if possible. If you don't have a copy there will be one on your previous court file.

Appearing in the Family Court

Usually, the Judge will not need to see you in Court before making a decision on your application. However, sometimes the Judge will ask to see you with your lawyer or others who are helping.

The Family Court has an informal atmosphere the Judge doesn't wear a gown or wig. If something isn't clear, just ask.

Will a lot of strangers be watching?

No, the Family Court is a closed court. It is not like a District Court or High Court. There is no jury and no members of the public. Only Court officials and those supporting you will be there. Family Court staff and Family Court Coordinators are trained to deal with families. As well as a lawyer, you can have a friend or family member for support.

Will the respondent be present in the Court for a without notice application?

Not usually. All applications are initially considered on the written sworn evidence. Where a Judge is satisfied on the evidence given in the affidavit that a Temporary Protection Order is justified, it will be made immediately.

How does the respondent find out about the Protection Order?

Once the Temporary Protection Order is granted, things happen quickly. The Orders are usually typed up at the Court and copies are made. You or your lawyer will be sent a copy or you can pick it up from the Court.

An agent of the Court (usually a bailiff, perhaps with the Police) will visit the respondent and give them a copy of the Protection Order. They will explain what the Order means and what will happen if the respondent disobeys the Order.

Another copy of the Order will be sent to the police station nearest to you, so the Police are aware of the Order.

How long does a Protection Order last?

Temporary Protection Orders

When a Temporary Protection Order is made without the respondent being given notice, it lasts for a maximum of three months. If the respondent does not defend it, the Order will automatically become final after the three months is up, and will stay in force permanently until the Order is discharged. You can apply to the Court at any time to discharge the Order.

Final Protection Orders

If an application is heard on notice or the respondent objects to the Order and defends it, a hearing date will be set by the Court and you will be advised. The Court will then consider both sides of the story and make a final decision. You will both need to be present at the hearing. If a Final Protection Order is made, this stays in force until it is discharged by the Court. You can apply at any time to the Court to discharge the Order.

What are the conditions of a Protection Order?

If the Family Court grants a Protection Order, certain conditions will apply.

Non violence conditions apply in every case, whether you are living together or apart

The respondent must not:

  • physically, psychologically, or sexually abuse or threaten anyone protected by the Protection Order;
  • damage or threaten to damage the protected person's property;
  • encourage anyone else to physically sexually, or psychologically abuse or threaten anyone protected by the Protection Order.

Non contact conditions apply when you are living apart

The non contact conditions say the respondent must not:

  • go to your home, or workplace, or onto your property (unless you expressly consent);
  • intimidate or harass you or any children living or staying with you;
  • hang around your neighbourhood or workplace;
  • follow you;
  • try to stop you or any children living or staying with you from coming or going;
  • phone, fax, write, email, text or in any way contact you.

Non violence conditions apply in every case.

Non contact conditions apply when you are living apart.

Do I have to move out of home?

No. One of the fears people have about standing up to violence is that they will end up with nowhere to live. Talk to your lawyer about whether you need to get a Property Order in addition to the Protection Order so you can stay in your home.

Do I lose all my furniture if I decide not to go back to the house?

No. If you move out of your house because of violence, you can get a Furniture Order. This means that you can take furniture from your old home to set up a new home. The Police can be asked to accompany you to collect the furniture. Talk this over with your lawyer.

A Property Order gives you the right to live in a particular property or to have possession of particular furniture or household effects.

There are four types of Property Orders.

  • An Occupation Order entitles you to live personally in the house where you are presently living and the respondent is not entitled to live there, without your consent.

If the respondent stays on the property without consent, the District Court may issue a warrant leading to their removal from the property.

If the respondent stays or goes onto the property, they may be charged with trespass, with a maximum penalty of three months imprisonment.

What happens if the respondent has access to weapons?

When a Temporary Protection Order is made, the respondent is banned from possessing any weapons and must hand in any firearms within 24 hours or earlier. Their firearms licence will also be suspended. If the respondent has access to firearms or weapons, the Police, the Court, or your lawyer must be told. If the Order is made final, the respondent's firearms licence will be automatically revoked.

What if I change my mind and don't want the Order anymore?

Getting a Protection Order doesn't mean that you have made a decision that is permanent. If you choose you can have a Protection Order and still live with the respondent. However the non violence conditions will still apply.

At any stage, you can let the respondent back into your life, and suspend just the non contact conditions of the Protection Order. You can also apply to the Court to have the whole Order discharged.

What happens if the abuse doesn't stop?

Whether you live together or not, you are always protected from violence by the Protection Order.

People often want to give their violent partners another chance and let them back into their lives. Sometimes it works, sometimes it doesn't. It's your right to choose, and the law respects that.

If you give the relationship another chance and the violence starts again, you don't need to go back to Court. Once you have a Protection Order, the non contact conditions automatically come back into force.

If you ask the respondent to leave, the respondent must immediately leave you alone. Remember, the respondent is only allowed contact with your consent. If the respondent does not leave you alone, call the Police. You do not need to go back to court to have the non contact condition reinstated.

What happens if he/she hassles me but isn't physically violent?

If you have a Protection Order you have specific protection from any physical, sexual or psychological abuse (including threats or harassment). The Police policy is to arrest a person who breaches a Protection Order. The person will then be dealt with in a criminal court, not the Family Court.

Does domestic violence affect the children?

The Domestic Violence Act recognises that children can be adversely affected by witnessing domestic violence even if they are not directly involved. The effect of domestic violence on child witnesses is a rapidly growing area of research. There is a clear link between witnessing domestic violence and experiencing abuse.

What about care of the children?

Either parent can apply to the Family Court to be given day-to-day care of the children. If there is a risk that one parent will take the children away or harm them, the other parent can ask the Court to make a parenting order that gives day-to-day care of the children to that parent only.

When there is proven violence, the Court will usually not allow the violent person to have day-to-day care of the children unless the Court is satisfied the children will be safe.

(Day-to-day care used to be called custody. Parenting order is the new name for a custody or access order.)

Will the respondent be able to visit the children?

If the Court makes a parenting order giving day-to-day care of the children to one parent, the order will say when the other parent can have contact with the children (this used to be called "access"). When there is proven violence, the Court will usually not allow the violent person to have unsupervised contact with children, unless the Court is satisfied the children will be safe. Some of the costs of providing supervised contact are paid by the Government.

If a parent is allowed to have only supervised contact with their children, the other parent should give the school, day care centre and other caregivers a copy of the Court order so that they know exactly who is allowed to visit or take the children away.

Can I have contact with the respondent?

If you want to have contact with the respondent, for example, if you want to continue living together, you can suspend the non contact conditions so they don't apply. You can withdraw your consent to have contact with the respondent at any time and the conditions are reinstated automatically. You do not have to go to Court to do this.

Non-violence conditions apply whether or not you are living together.

What are the penalties for breaching a Protection Order?

Where there is evidence that a breach of a Protection Order has occurred, the person will be arrested. A breach includes failing to attend a Stopping Violence programme.

The maximum penalty for breach of a Protection Order is six months in prison or a $5000 fine. The penalty increases to two years in prison where a person is convicted of three offences, and two of those are committed within a three year period. If other serious crimes of violence are involved, the penalties could be more severe.

Do I have to go to counselling?

If you have also made an application for day-to-day care of the children you do not have to attend joint counselling. You may not have to attend counselling if your partner has used violence against you or a child. The respondent will probably have to attend a stopping violence programme and you can request a support programme.

Is there any other help for myself and the children?

Support programmes for yourself and your children are available through the Family Court.

The programmes you and your children attend are different and separate from the Stopping Violence programme the respondent will be required to attend.

These programmes provide support and will give you information about the Protection Order, and about violence and its effects. They can help you to move forward and keep safe.

Programmes for adult protected persons

The primary objective of adult protected persons programmes is to promote the protection of those persons from domestic violence.

Approved programmes are:

  • free, safe and confidential;
  • about keeping yourself safe;
  • building self esteem and confidence.

Approved programmes will:

  • tell you about the Protection Order and how it will work for you;
  • help you explore options for positive change;
  • help you find support and build networks.

Children's programmes

The primary objective of children's programmes is to assist children to deal with the effects of family violence.

A free programme providing individual or group sessions is available for children up to 17 years old.

Programmes will help your children:

  • learn about keeping safe;
  • build self esteem and confidence;
  • understand the effects of violence on them;
  • solve problems and manage their feelings and emotions.

The programme can involve you or another caregiver.

Programmes for children can help them understand and deal with violence and its effects on them and the family.

About support programmes

You can choose from a range of approved programmes for yourself and your children. Programmes are available for groups or individuals. Some programmes provide childcare and transport. All are run by trained professionals.

The structure and content of programmes are set down in the Domestic Violence (Programmes) Regulations 1996.

How long have I got to apply for a programme?

You have up to three years after the Protection Order is granted to apply for a free programme. This time limit can be extended in special circumstances; so ask the Family Court if you have an Order that is older.

For further information about free programmes, talk to your lawyer, Women's Refuge, Stopping Violence Services, a Family Court coordinator or Family Court staff.

Does the respondent have to go to a programme?

In most cases, the respondent will be required to attend an approved Stopping Violence programme to help them live without violence. These are usually group programmes but individual programmes are also available. It will be a breach of the Protection Order if the Respondent does not attend the programme session, unless excused by the programme provider.

The primary objective of respondent programmes is to stop or prevent domestic violence on the part of respondents and associated respondents.

Further Information

Application form for a protected persons or children's programme.

Pamphlet about Applying for a Protection Order

Pamphlet about Responding to a Protection Order

Pamphlet about Programmes for protected persons and children.

Pamphlet about Parenting Orders

Pamphlet about Domestic Violence.

Pamphlet about Counselling

Pamphlet about Supervised Contact

Information about New Zealand Association of Children's Supervised Access Services

Responding to a Protection Order

If you are named in a Protection Order, the consequences could be very serious. It will affect the contact you have with your partner and your children.

In some cases, it may mean you have to move out of the house. In other cases, it may mean that your partner or family member can obtain a Furniture Order and take furniture from the house.

If you have a firearms licence, it will be suspended by a Temporary Protection Order and you will be required to hand over any firearms or weapons. If the Order is made final, your firearms licence will be automatically revoked.

You will probably be required to attend a Stopping Violence programme to help you learn to live without violence.

How will I know an order has been made?

A bailiff, police officer, your lawyer or some other agent of the Family Court will serve you with a copy of the Temporary Protection Order and other papers.

Sometimes an application for an Order will be made on notice. You will receive a copy of the application, and a notice of the hearing date, when a decision on granting the Order will be made.

What does the Protection Order say?

The Protection Order lists standard conditions put on the respondent or associated respondent. These standard conditions are things you must not do after being served with a Protection Order.

The standard conditions include non-violence conditions and non-contact conditions. There may also be other conditions to deal with your individual situation.

Non-violence conditions apply in every case.

You must not:

  • physically, sexually or psychologically abuse or threaten the applicant or the applicant's children;
  • damage or threaten to damage the applicant's property;
  • encourage anyone else to physically, sexually or psychologically abuse or threaten the applicant or the applicant's children.

The following non-contact conditions apply unless the applicant expressly agrees to you living in the same house.

You must not:

  • go to the applicant's home or workplace or onto the applicant's property unless the applicant expressly consents;
  • intimidate or harass the applicant or any children living or staying with the applicant;
  • hang around the applicant's neighbourhood or workplace;
  • follow the applicant;
  • try to stop the applicant or any children living or staying with the applicant from coming or going;
  • phone, fax, write, email, text or in any way contact the applicant.

The non-contact conditions mean you cannot have contact with the applicant unless:

  • you have to because of an emergency;
  • it is permitted under a court order or a written parenting agreement dealing with the day-to-day care of or contact with children
  • it is permitted under a special condition of the Protection Order;
  • you are attending a family group conference that is convened under the Children, Young Persons and Their Families Act 1989.

Special Conditions

A Temporary Protection Order may also include special conditions to deal with the particular situation of the people involved. You should read the Temporary Protection Order carefully to see if there are any such conditions.

If you have received an Application for a Protection Order, read it carefully to see if the applicant is seeking any special conditions.

Property Orders

The applicant may have applied for a Property Order with the Protection Order.

A Property Order gives the applicant the right to live in a particular property or to have possession of particular furniture or household effects.

There are four types of Property Orders.

  • An Occupation Order entitles the applicant to live personally in the house where he or she is presently living. However you are not entitled to live there, without the applicant's consent.

If you stay on the property without that consent, the District Court may issue a warrant against you leading to your removal from the property.

If you stay or go onto the property, you may be charged with trespass, with a maximum penalty of three months imprisonment.

  • A Furniture Order says the applicant can take the furniture to another house.

What is a weapon?

The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive as those terms are defined in the Arms Act 1983.

When a Temporary Protection Order is made you are banned from possessing any weapons. You must hand to the Police within 24 hours or earlier:

  • any weapons (eg. firearms, ammunition, explosives)
  • any firearms licence you hold.

If the Protection Order is made final, your firearms licence will be automatically revoked.

Attending a stopping violence programme

If a Temporary or Final Protection Order has been made against you, you will usually be required to attend a programme about living without violence.

Information about the programme, when and where it will be held and who to contact will be on the Order. The programme is likely to involve group sessions of two to three hours each, over a period of weeks, between 30 to 50 hours in total.

The programme will give you a chance to learn about:

  • what domestic violence is and its impact on victims;
  • how the Domestic Violence Act works;
  • skills for living without violence and for dealing with any future conflict in a better way.

The structure and content of domestic violence programmes are set down in the Domestic Violence (Programmes) Regulations 1996.

Can I choose which stopping violence programme I go to?

No, the Judge will direct which programme you are to attend.

What can I do if I don't want to go to a stopping violence programme?

If you have been served with a Temporary Protection Order and you wish to object to attending a programme, you or your lawyer must object to the Court within five days of being served with the Temporary Protection Order.

If you have been served with a Final Protection Order and you wish to object to attending a programme you need to file a notice of defence and tell the Court your reasons during the hearing.

What will happen if I don't attend the stopping violence programme?

If you do not file an objection or a notice of defence and then fail to attend the programme, you may be prosecuted for failing to comply with the Order. If found guilty you could be fined or put in prison.

What can I do if a Protection Order is made against me?

You may oppose the Order or application, or challenge any of the alleged facts or special conditions.

You must read the Application or Temporary Protection Order carefully. If you are in doubt about what it means you should seek legal advice. Choose a lawyer who is familiar with the Domestic Violence Act and the Family Court. Lawyers are listed in the Yellow Pages or ask your local Family Court, Community Law Centre or Family Law Section for some names.

You have the following options:

a. If you have been served with a Temporary Protection Order there are some steps you can take before it becomes final, if you think that your side of the story has not been heard. It is important that you contact a lawyer to help you take these steps. If you wish to be heard by the Court before the order is made final, you should seek legal advice about filing a notice of intention to appear.

If you do nothing, the Protection Order will become final three months after the date was made.

b. If you have been served with an Application for a Protection Order, this means that the Protection Order has not been made yet. You have the right to argue your case to the Family Court before it decides to make a Protection Order. The date of the Family Court hearing will be in the application. If you wish to defend the order, you should seek legal advice about filing a notice of defence.

c. If you have been directed to attend a stopping violence programme and you wish to object, you need to file an objection to attending a stopping violence programme.

Filing a Notice of intention to appear

To file a notice of intention to appear you need to read the guidelines on completing the forms.

You need to complete the following documents:

G7 Information Sheet

DV1 Front page

DV11 notice of intention to appear

Affidavit

The affidavit must:

  • set out sufficient particulars to indicate the reason for giving notice; and
  • state whether the facts given in the affidavit in support of the application are accepted or rejected. If any facts are rejected you must state the reasons; and
  • set out any other facts relating to the application or to the circumstances that have existed or exist that the Court should know about.

The affidavit needs to be sworn (signed) by you in the presence of a lawyer (not your own) or a Court Registrar.

Defending an Order

To defend an Order you need to read the guidelines on completing the forms.

You need to complete the following documents:

G7 Information Sheet

DV1 Front page

DV10 notice of defence

Affidavit

The affidavit must:

  • set out sufficient particulars to indicate the reason for giving notice; and
  • state whether the facts given in the affidavit in support of the application are accepted or rejected. If any facts are rejected you must state the reasons; and
  • set out any other facts relating to the application or to the circumstances that have existed or exist that the Court should know about.

The affidavit needs to be sworn (signed) by you in the presence of a lawyer (not your own) or a Court Registrar.

Filing an objection to attend a stopping violence programme

To file an objection to attending a programme you need to read the guidelines on completing the forms:

You need to complete the following documents:

G7 Information Sheet

DV 1 Front page

DV 24 Objection to direction to attend a programme

What about the children?

Children who live or stay with the applicant are usually covered by a Protection Order. You cannot have contact with children covered by the Protection Order while the non-contact conditions are in place unless the Court says otherwise.

When there is proven violence, the Court may not give a person day-to-day care of a child unless that person is shown to be safe. (Day-to-day care used to be called custody.)

When there is proven violence, the Court may not grant a person unsupervised contact with children unless that person is shown to be safe. (Contact used to be called access.)

If the Court allows supervised contact, the Court order will say when that can take place.

More information on supervised contact services.

If you believe there is a risk that the children will be taken away or harmed, you must talk to your lawyer or advise the Court as soon as possible.

What will happen if I break the conditions of the Protection Order?

If you break any of the conditions in the Protection Order, you may be arrested. If this happens, you will be dealt with in the criminal court, not the Family Court.

The maximum penalty for breach of a Protection Order, including failure to attend a stopping violence programme, is six months in prison or a $5000 fine.

The penalty increases to a maximum of two years in prison in cases where three repeat offences are committed within three years.

The penalties could be even greater if you have committed other violent offences at the same time as breaching the Protection Order.

How do I find a lawyer?

Choose a lawyer who is familiar with the Domestic Violence Act and the Family Court. Lawyers are listed in the Yellow Pages or ask your local Family Court, Family Law Section, or Community Law Centre for some names.

Your lawyer will help you understand the Protection Order or Application for a Protection Order and its consequences. Together, you can then work out what your next step should be.

If you have been served with a Temporary Protection Order, a lawyer can help you prepare to put your side of the story before a Final Protection Order is made. You or your lawyer will notify the Court, which will set a hearing date. If you take no action, there will be no hearing and the Protection Order will automatically become final three months after the date it was made.

If an Application for a Protection Order is served on you, a lawyer can help you put your side of the story at the hearing when the Court decides whether to make a Protection Order. If you don't want to have your say or don't appear at the hearing, the Court can make a Final Protection Order in your absence.

If you are worried about the cost of legal advice, ask a lawyer about applying for legal aid.

Who else can help?

There are community organisations such as local Stopping Violence Services, and Relationship Services that will help you. A list of organisations that can help is at the front of the phone book (white pages) under Emergency Services or Personal Help Services.

Legal Aid

If you are eligible, legal aid is available for all Family Court matters except dissolution (divorce). For more information about whether you are eligible, contact the Legal Services Agency or talk to your lawyer or your local Community Law Centre or Citizens Advice Bureau.

Further information

Parenting Orders

Supervised contact

Pamphlet about Domestic Violence.

Pamphlet about Applying for a Protection Order

Pamphlet Responding to a Protection Order

Pamphlet about Programmes for protected persons and children.

Pamphlet about Parenting orders

Pamphlet about Counselling

Pamphlet about Supervised Contact

Order copies of Family Court pamphlets.

Information about the New Zealand Association of Children's Supervised Access Services

  1. From Te Rito New Zealand Family Violence Prevention Strategy February 2002.
  2. MOJ statistics.
  3. Child Youth and Family Annual Report 2003.
  4. NCIWR fact sheet from their website.
  5. Police statistics 2000.

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