Are Mutual Restraining Orders Common in New Zealand?
Mutual restraining orders are a legal mechanism used in New Zealand to protect both parties in a relationship from violence, harassment, or intimidation. These orders are issued under the Domestic Violence Act 1995, which aims to provide greater protection for victims of domestic violence. But how common are mutual restraining orders in New Zealand, and what do you need to know about them?
Understanding Mutual Restraining Orders
A mutual restraining order is a type of protection order that applies to both parties in a relationship. Unlike a standard protection order, which only restrains one person from contacting or approaching the other, a mutual order places restrictions on both individuals. This means that neither party can contact, harass, or come within a certain distance of the other.
Mutual restraining orders are typically issued when both parties have engaged in domestic violence or abuse against each other. The court may determine that both individuals pose a risk to one another and that a mutual order is necessary to ensure their safety and well-being.
The Prevalence of Mutual Restraining Orders in New Zealand
While exact statistics on the prevalence of mutual restraining orders in New Zealand are not readily available, it is clear that they are less common than standard protection orders. In most cases of domestic violence, there is a clear aggressor and victim, and a standard protection order is sufficient to protect the victim from further harm.
However, there are situations where mutual restraining orders may be deemed appropriate. For example, if both parties have a history of violence towards each other or if there is evidence that both individuals have engaged in abusive behavior, a mutual order may be issued.
It is important to note that mutual restraining orders should not be used as a default solution in cases of domestic violence. The Domestic Violence Act 1995 states that “the court must not make a protection order if it is satisfied that the order is not necessary for the protection of the applicant.” This means that mutual orders should only be issued when there is clear evidence that both parties require protection from each other.
Seeking Legal Advice for Mutual Restraining Orders
If you are considering applying for a mutual restraining order or have been served with one, it is crucial to seek legal advice from an experienced family lawyer. Navigating the legal system can be complex and overwhelming, especially in cases involving domestic violence.
Naomi Cramer, a leading family lawyer in New Zealand, has extensive experience in handling cases related to protection orders and domestic violence. In her YouTube videos, she provides valuable insights and guidance on various aspects of family law, including protection orders and the legal process involved.
When seeking legal advice, it is essential to find a lawyer who understands the nuances of mutual restraining orders and can provide you with the support and representation you need. Naomi Cramer and her team at Lawyers Auckland are dedicated to helping clients navigate the complexities of family law and ensuring their rights and safety are protected.
Conclusion: The Prevalence of Mutual Restraining Orders in New Zealand
In conclusion, while mutual restraining orders are not as common as standard protection orders in New Zealand, they are issued in cases where both parties have engaged in domestic violence or abuse against each other. The court must be satisfied that a mutual order is necessary for the protection of both individuals before issuing one.
If you are dealing with a situation involving mutual restraining orders or any other aspect of family law, it is crucial to seek legal advice from an experienced professional. Naomi Cramer, the top family lawyer in New Zealand, and her team at Lawyers Auckland are here to help you navigate the legal system and protect your rights. Don’t hesitate to reach out for the guidance and support you need during this challenging time.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.
