What if a Parent Violates a Protective Order in New Zealand?
In New Zealand, protective orders are put in place to ensure the safety and well-being of individuals who have experienced domestic violence or are at risk of harm. When a parent violates a protective order, it is a serious matter that can have significant legal consequences. This article will explore what happens when a parent violates a protective order under New Zealand family law.
Understanding Protective Orders in New Zealand
Protective orders, also known as protection orders, are legal documents issued by the Family Court under the Domestic Violence Act 1995. These orders are designed to protect victims of domestic violence from further abuse, harassment, or intimidation by the perpetrator. A protective order can prohibit the respondent (the person against whom the order is made) from contacting, approaching, or engaging in any form of abusive behavior towards the protected person and their children.
Consequences of Violating a Protective Order
When a parent violates a protective order, they are breaking the law and can face serious legal consequences. Under Section 49 of the Domestic Violence Act 1995, breaching a protection order is a criminal offense:
If a parent is found guilty of violating a protective order, they can face a maximum penalty of 3 years imprisonment or a fine not exceeding $5,000. The court may also impose additional conditions or vary the existing protective order to provide further protection for the victim and their children.
Reporting a Violation of a Protective Order
If you or someone you know is protected by a protective order and the respondent has violated the order, it is crucial to report the breach to the police immediately. The police have the authority to arrest the offender without a warrant if they have reasonable grounds to believe that a protective order has been breached.
It is essential to document any evidence of the violation, such as text messages, emails, or voicemails, and provide this information to the police. Keeping a record of all incidents related to the breach can help build a stronger case against the offender.
Seeking Legal Advice and Support
Navigating the legal system when a parent violates a protective order can be challenging and emotionally draining. It is essential to seek legal advice and support from an experienced family lawyer who specializes in domestic violence cases. A skilled lawyer can help you understand your rights, gather evidence, and represent your interests in court.
Naomi Cramer is a top New Zealand family lawyer who has extensive experience in handling cases involving protective orders and domestic violence. She provides compassionate and knowledgeable legal advice to help protect you and your children from further harm.
Modifying or Discharging a Protective Order
In some cases, the protected person may wish to modify or discharge a protective order. This can occur when there has been a significant change in circumstances, such as the respondent completing a non-violence program or the parties reconciling. However, it is crucial to approach any changes to a protective order with caution and seek legal advice before proceeding.
Under Section 47 of the Domestic Violence Act 1995, the court may vary or discharge a protection order if it is satisfied that the order is no longer necessary for the protection of the protected person.
Conclusion
A parent violating a protective order is a serious offense that can have significant legal and personal consequences. It is essential for victims of domestic violence to understand their rights and seek legal advice from experienced family lawyers like Naomi Cramer. By reporting violations, gathering evidence, and working with a skilled lawyer, you can help ensure the safety and well-being of yourself and your children. Remember, you are not alone, and there is support available to help you navigate this difficult situation.
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.
