Family Violence Courts – Information for Victims
Information for victims 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 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, 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.
How can the Family Violence Court help you?
The Court can help you by working with you and other agencies to make sure you and/or your children are safe and get the right advice and support depending on your situation.
There are a number of support services available through the Family Violence Court that can help you through the Family Violence Court process:
Victim advisors
A victim advisor will contact you after the defendant’s first appearance at court to offer you their services and outline the Family Violence Court process. Victim advisors provide a free and confidential service and can help you by:
- informing you what your rights are in the Family Violence Court process and explaining how the court works
- keeping you updated on the progress of the case
- helping to ensure that your views are presented at the Family Violence Court
- explaining Victim Impact Statements
- explaining the Victim Notification Register and if you qualify how you can get registered on the Victim Notification Register if the offender is in prison
- explaining how you can increase your protection and safety
- giving you information and advice to prepare you if you are needed as a witness at any stage, including a special programme for young witnesses, and
- putting you in contact with community agencies who specialise in working with victims of family violence.
If you do not hear from a victim advisor, please do not hesitate to make contact yourself. Sometimes they may not have your contact details.
Community support
There are a number of organisations and individuals who offer support programmes in your area. This includes programmes for you and/or your children. You can get information about support services in your area from the Victim Advisor.
A list of other support agencies that can help you can be found in the front of the phone book (White Pages) under "Emergency Services" or "Personal Help Services".
These organisations can help you in a number of ways, including:
- finding somewhere for you and your children to stay if you need to get out of your home
- informing you about the different choices you have as well as the legal, housing, and financial help you can get
- giving you information on how the court system works – the Police, the Family Court, legal aid, and
- putting you in contact with a lawyer.
Organisations, such as Work and Income, can also help you with assistance or support.
Protection orders
If you are affected by family violence you can apply for a protection order. Protection orders are applied for through the Family Court, which is separate from the Family Violence Court.
The victim advisor will explain how you can apply for a protection order in the Family Court. The Family Court can make a protection order if it thinks that one is needed to help keep you and your children safe.
In some circumstances a Judge may make a protection order in the Family Violence Court:
- when a police safety order is breached, or
- if a defendant is convicted of a domestic violence offence and a protection order is needed to protect you.
For more information on protection orders, please pick up a copy of the "Applying for a Protection Order" pamphlet at your local Family Court or speak to a victim advisor, your lawyer or the Family Court Co-ordinator.
If a protection order is issued for your safety, you and your children can attend a free support programme to help you deal with your situation. For more information see the pamphlet “Free Domestic Violence Support Programmes” (Courts/009) or contact the Family Court.
Your safety
As the victim, you do not have to go to the Family Violence Court unless you want to. You do not have to give any information to the court before the actual hearing of the evidence of the case, but many victims do want the chance to have their own view of things known by the court.
However, if the defendant continues to deny the charges, you may be required as a witness at a defended hearing. In that case you will be summoned to court by the Police.
If you do choose to go to the Family Violence Court, or you are summonsed to come as a witness there is a separate waiting room for you to sit in if you feel unsafe. Talk to the victim advisor if you need to use this room.
You can also bring a support person to court with you if you wish. If you want that person to be with you when you give evidence in court you will need to tell the court registrar or victim advisor.
If you feel unsafe at any time while you are at the Family Violence Court, tell the police or a court staff member and they will make sure you are safe at court. You can also talk to the victim advisor who can work through a safety plan with you.
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.
