1. Respond to an application for a Protection Order

Respond to an application for a Protection Order

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Overview

You can choose if you want to respond to a Temporary Protection Order or an application for a Protection Order.

Decide if you want to respond

Before you decide, it’s important you read through the application to know what the applicant is asking the court to do and what their reasons are.

You may want to respond if you:

  • disagree with any parts of the application
  • want the Court to consider your views before any final decisions are made
  • want the choice to appear in Court and be heard now or in the future.

You may find it helpful to talk to a lawyer. They can help you complete the forms, and they may be able to represent you in court. It’s important to use a lawyer who understands family law, especially laws around family violence, protection orders, and Care of Children Act proceedings.

Get legal advice and help

You must respond within the timeframe

The timeframe to respond to the Court varies, depending on what you receive.

If you:

  • received a Temporary Protection Order, you have 3 months to respond
  • received a Temporary Protection Order with a Property and Furniture Order, you’ll have 3 months to respond
  • have a good reason to not attend a non-violence programme or you want to change what programme you attend you’ll have 10 working days to respond.

If you choose to respond to a Temporary Protection Order, a hearing date will be set after you’ve filed your response.

If you received notice that someone has filed an application for a Protection Order, you usually need to respond 5 working days before the hearing date. You’ll be told when the hearing date is in the Protection Order application. Check the application for a ‘Notice of Hearing’. You’ll also need to go to court on that day if you want the judge to hear your views.

If you don't respond within the timeframe

If you don't respond within the timeframe, a Final Protection Order may be put in place. If you want to change or cancel a Final Protection Order, you’ll need to ask the court.

Change or cancel a Protection Order

If you choose not to respond

If you don’t respond, you won’t get a chance to defend yourself in court or explain if you disagree with parts of the application. If you received a Temporary Protection Order, it may become a Final Protection Order. You’ll have to follow the rules and conditions of the Protection Order unless it is changed or cancelled.

If you choose not to respond, you don’t have to do anything.

How to respond

1

Read the application

It’s important that you read through the application and affidavit to know what the applicant is asking the Court to do and what their reasons are.

If you’re responding to a notice that someone has made an application for Protection Order, check for the hearing date on the ‘Notice of Hearing’.

You can freephone the Ministry of Justice on 0800 224 733(external link) or visit your nearest court for help. You might also find it helpful to talk to a lawyer.

Find your nearest court

Get legal advice and help

2

Understand what you need

You’ll need to submit an affidavit with your application.

Affidavits

You need a BLUE or BLACK ballpoint pen if you choose to fill out the affidavit by hand.

A lawyer can help you apply for court orders and they may also represent you in court.

3

Complete the application forms

Choose the right form, depending on what you want to respond to.

Temporary Protection Order 

Notice of intention to appear form [PDF, 186 KB]

Notice that someone has applied for a Protection Order 

Notice of defence form [PDF, 184 KB] 

Attending a non-violence programme 

Objection to direction to attend a programme  [PDF, 190 KB]

You’ll also need to complete an affidavit to file with a ‘Notice of intention to appear form’ or a ‘Notice of defence form’.

General affidavit form [PDF, 198 KB]

To have the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.

Find your nearest court

You must print the forms single sided.

4

Get all your documents together

Your application should include:

  • a completed and signed application form
  • an affidavit.
5

File your application

You can file your application electronically, by post, or in person. When you file your application, it must have the original signatures. You must file your application at the correct courthouse. If you file your application in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your application and keep a copy for yourself.

How to file documents

Court staff will contact you if they need more information.

After you respond

After you respond, the Court will look at the filed documents and decide the next steps for your case.

A judge may:

  • want to hear from you in person
  • decide to hold a case conference or a hearing, or both.

Find out more about the following:

Case conferences

Hearings

When your case will be finalised

The time it takes for your case to be finalised in court will depend on:

  • how soon you respond
  • if a judge asks for more information
  • how long you or other people take to give the judge any extra information they’ve asked for
  • how soon the Family Court can look at your case.

If you want to know how long your case may take, talk to your lawyer.

How long an Order lasts

How long an Order lasts depends on the type of Order a judge makes.

Temporary Protection Order

If a judge makes a Temporary Protection Order, it will usually last until any of the following happen:

  • The order lapses because the Temporary Order is not served to the respondent within the required time
  • The respondent doesn’t respond within the time required and it becomes a Final Protection Order
  • A judge cancels the order. A judge cannot cancel a Protection Order unless they believe that the respondent is no longer a risk to the applicant and any other people protected by the order

If the respondent doesn’t respond within 90 days the Temporary Protection Order may become Final. In some cases, the court may decide to hold a hearing before making a Final Protection Order.

Final Protection Order

A Final Protection Order means a Temporary Protection Order hasn’t been defended, or a judge has made a final decision and the court process is finished.

A Final Protection Order will last until the applicant or the respondent apply to the court to change or cancel it.

The court won't cancel a Protection Order unless it’s satisfied that the respondent is no longer a risk to the applicant and any other people protected by the Order.

Feeling overwhelmed?

There are services available if you need help or support for family violence.

Visit our help page to find specialist family violence support