If You Apply For a Protection Order & Your Partner Finds Out Will They Get Angry.
You Only Have One Chance & Can’t Keep Making Applications if your First Application is Not Successful.
To get the best possible outcome, ensure all your paperwork is in order and get it right the first time with the help of an experienced Family Lawyer .
Don’t risk facing the problem of your partner knowing that you filed an application in Court against them, if your application is not strong enough for the Judge to make the Order immediately, and without the benefit of a Protection order to protect you, you may find yourself in an even worse situation, as they often get angry when they find out you have lodge an application in Court against them.
While you do not need a lawyer, your chances of success will not be anywhere near as high as it will if you hire a skilled lawyer experienced with protection order applications.
WARNING: Please try to avoid filing the initial application yourself, we have seen time and time again people do this and their application is not made immediately because they are not family lawyers and do not know what information to include to persuade a Judge to make Orders in your favor immediately.
Secondly, what non lawyers also do not realize ( again because they are unaware of the rules, in particular the Family Court Rules) that if you miss any information out of your initial application and wish to submit it later you need the Court permission to do so, which is not guaranteed, therefore it is best to submit all information at the outset, including affidavits from other witnesses.
Again we have had numerous people tell us that their first lawyer or the Court told them they didn’t need to file information or that what the had was enough. Yes it may have been enough to obtain a Temporary protection order but may not be enough information for a Final Protection Order to be made. They often end up in the predicament where the violent party files a defence, the mater is set down for a defended hearing and they want to submit further evidence, because this information was not included in their initial application, The Court’s permission must first be sought and the opposing party’s lawyer may object to it being admitted in Court as evidence.
We can make an urgent application for a Protection Order which if successful, the person against whom you need a Protection Order usually your partner, will not know what you have done, wont know you have applied to Court until after the order has been made.
Now matter where you are in NZ we can work with over the phone and by email to draft an urgent application for an Order.
We are available after-hours and weekends for all urgent matters.
Protection Orders are designed to keep you safe from domestic violence.
Learn how a Protection Orders works and find out who is entitled to a Protection Order
NZ Family Violence Law recognises that domestic violence, in all its forms, is unacceptable behaviour.
By NZ law, Domestic violence is not restricted to just physical abuse but also includes sexual and psychological abuse like smashing things, scaring or intimidating someone, abusing pets, harassment, threats of violence.
It can also include controlling behavior such as restricting your access to finances, stopping you from seeing friends or family, what you wear, where you go.
Behaviour which may appear to be minor or trivial when viewed in alone, may be sufficient to trigger a Protection Order if the behaviour forms a pattern and you need protecting from such as constant harassment.
If you are unsure whether your particular circumstances amount to psychological abuse discuss your personal situation with a Family Law Specialist.
The objective of the Family Violence laws are to stop and prevent family violence and to keep victims, including children, safe from family violence.
To be entitled to a Protection Order you need to be in a family relationship with the person being violent, some examples include:
Spouses and partners whether or not you are married.
People in a close personal relationship, whether or not they live together such as girlfriend boyfriend situations.
If your relationship is merely one of employee-employee then this is not considered to be a a close personal relationship under the Family Violence Act, you may however have recourse via an employment grievance.
Family members such as but not limited to uncles aunties, nephews, brothers, sister, parents.
It also includes whanau and those adopted into the family.
Also included are people who ordinarily share a household such as flatmates but does not cover landlord-tenant relationships.
You also need to establish that family violence has occurred, and that a Protection Order is necessary.
It will be difficult to convince the Family Court Judge that you need a Protection Order from someone that lives outside of NZ.
You can also ask the Family Court for the Protection Order to protect other people who may be at risk such as your new partner or a flatmate.
If you need protection immediately, you can make an ex parte application for a Protection Order. This means that the violent person you need protecting from, will not know that you have made a Court application for a Protection Order until the Protection Order has been made.
Usually a Temporary Protection Order will be made on the same day you apply for it. You will not need to appear at Court because all urgent Protection order applications are sent to a central processing team, who send the paperwork through to the Judge on duty that day, which could be anywhere in NZ.
The duty family Court Judge will decide whether or not to make a Temporary Protection Order instantly based on the information in the application, and will only do so if there is compelling evidence presented demonstrating a Protection Order is urgently needed and that you and/or your children are at risk of family violence if a Protection Order is not made immediately.
No matter where you are in NZ, we can draft up the paperwork over the phone and email and lodge the application for you often the same day that you call.
We pride ourselves in obtaining Protection Orders swiftly and our success rate is second to none.
If you are concerned that you have no where to go or live, we may also be able to obtain a Furniture Order and Occupation Order so that you can remain living in your current home and keep the furniture too.
If children are involved, an application for a Parenting Order is usually applied for concurrently asking the Court to place the child or children in your full time custody / day to day care.
Contact with the child children by the perpetrator of family violence will typically be supervised.
After the Temporary Protection Order has been made, usually the police will serve or give the person who you need protecting from copies of the Court order and they will be allowed under the principles of natural justice the right to respond and contest the order being made final.
The Family Court’s usual procedure upon making a Protection Order is to order the the person who you need protecting from to undertake a 6 month anger management course at Man Alive .
A Temporary Protection Order will automatically become a Final Permanent Protection Order after three months if the person who you need protecting from does not contest it.
The person who you need protecting from is not allowed unless you invite them to; contact you including; by email, phone , text FaceBook, Twitter or via a third person.
They are not allowed to go to you home or work place, stalk, follow you, abuse or threaten you or your children.
They cannot abuse you or your children in any way – physically, sexually or psychologically, which includes financial and economic abuse, such as denying or limiting access to financial resources If they do any of the above, which is a non exhaustive list, call the police who should then arrest him/her and charge them with a criminal offense .
In accordance with The Family Violence Act Breaking a Protection Order carries 3 years jail and is taken very seriously by the police and Courts in NZ.