Family Violence Courts – Information for Defendants
Information for defendants about Family Violence Courts – criminal courts which deal with family violence cases
What are Family Violence Courts?
Family Violence Courts were established by the judiciary in response to community concerns about the increase in family (domestic) violence cases. Family Violence Courts deal with criminal cases relating to family violence and are held at a regular time and place in the District Court.
Family Violence Courts are about:
- getting defendants to take responsibility for their actions and to think about how they affect other people
A key part of the Family Violence Court is to hold defendants accountable for their actions and to encourage them to address their violence in an appropriate way. For example, defendants, who enter a guilty plea, may self-refer to a government-funded domestic violence programme or attend drug and alcohol counselling.
- promoting victim safety
Victim advisors are a core part of the Family Violence Court process and can put the victim’s views to the court, assist victims with applying for protection orders in the Family Court, advise victims about their rights and help them participate in the court process.
Defendants are encouraged to address their substance and violence issues through programme participation.
- making sure that those affected by family violence cases get the right support and education
Victim advisors ensure that victims know they can be advised of the progress of their case through the court. They can assist victims to access support, government or community agencies and the police.
- reducing the time it takes for family violence cases to be heard and resolved
Family Violence Court days take place at a regular time and place, with dedicated people working to provide support and help to those going through the process. This includes judges, police prosecutors, community probation officers, victim advisors, court staff, and a variety of community support services.
The court tries to make sure that family violence cases are dealt with within thirteen weeks. Some cases take longer, for example, when the defendant is attending a programme or is going to be sentenced.
Getting legal advice
It is important that you have a lawyer, preferably one who has experience in dealing with family violence. If you are worried about the cost of legal advice, ask your lawyer about applying for legal aid.
Lawyers are listed in the Yellow Pages or you can check the Legal Services Agency website www.lsa.govt.nz for a list of lawyers. You can also ask a Community Law Centre or District Law Society for some suggestions.
A duty solicitor will be at court to help you with legal advice on the day of your hearing if you need it.
How will your case be dealt with in the Family Violence Court?
The court will try to get you to think about your offending and how it affects others and yourself.
At your hearing the judge may talk about what should be done about your offending with you and others, including the victim and police prosecutor.
There are a number of sentences the judge can impose in the Family Violence Court, however every case is different and the judge will deal with each case individually.
This will involve the judge weighing up all the information available, such as any previous violence, the level of violence involved, your attitude, any steps you have taken to deal with issues that may affect your behaviour and what you may need to do to stop your violent behaviour.
Victims do not have to be involved at Family Violence Courts unless they are summoned by the police. You or your lawyer must not pressure or ask the victim to come to court or to speak to the police or victim advisor.
Programmes
Stopping violence programmes aim to help you change your behaviour and think about how it affects you and your victims
The judge may tell you to attend a domestic violence programme as part of your sentence or when a protection order is issued (such as a Stopping Violence programme) or when a protection order is issued.
Or you can volunteer to go to a programme before your case is finalised.
If you volunteer to attend, or self-refer to a programme before you are sentenced, the Ministry of Justice will pay for the programme if the following criteria are met;
- you have entered a guilty plea and
- you have volunteered to complete a domestic violence programme (ie self refer) and
- the programme provider is a Ministry of Justice approved domestic violence programme provider and
- a judge from a Family Violence Court remands you so that you can complete the programme.
It is your responsibility to make contact with the programme provider and attend programme sessions. When you finish the programme, a report on your attendance and participation will be provided to the Court.
For information about organisations and individuals that offer support programmes in your area please speak to court staff, the duty solicitor or your lawyer.
Protection orders
If a protection order is not already in place, a judge can make a protection order in the Family Violence Court:
- if you have breached a police safety order or
- if you are convicted of a domestic violence offence and the judge believes a protection order is needed to protect your victim.
Victims of domestic violence may also apply to the the Family Court, which is separate from the Family Violence Court, for a protection order.
If a protection order is made against you, there will be a number of things you must do, such as going to a stopping to a stopping violence programme. For more information on protection orders, a pamphlet called "Responding to a Protection Order" (courts/006) is available from the Family Court.
Family Violence Courts are located at:
Auckland District Court
Cnr Kingston & Albert St
Auckland
Phone: 09 916 9000
Lower Hutt District Court
Laings Road
Lower Hutt
Phone: 04 914 3140
Manukau District Court
30 Wiri Station Rd
Manukau
Phone: 09 916 2600
Palmerston North District Court
486 Main Street
Palmerston North
Phone: 06 952 6200
Porirua District Court
4 Hagley Street
Porirua
Phone: 04 914 3260
Masterton District Court
Cnr Dixon Street & Park Avenue
Masterton
Phone: 06 370 0230
Waitakere District Court
9 - 11 Ratanui Street
Henderson
Phone: 09 916 5230
Whangarei District Court
105 - 109 Bank Street
Whangarei
Phone: 09 983 5460
Family violence – It’s not OK
If you’re experiencing violence, being violent or witnessing violence it’s OK to ask for help.
For information and support, call 0800 456 450 or visit www.areyouok.org.nz
Victims of crime information line
The victims of crime information line provides information for people affected by crime about support services and the justice system. Call 0800 650 654 or visit www.victimsinfo.govt.nz
COURTS 303
June 2010
