Your Rights

Domestic Violence

For some children and young people in New Zealand, domestic violence (also known as family violence) is an everyday part of their lives. Young people are particularly at risk of experiencing violence themselves, or of seeing a family member being abused.

Domestic violence is about abuse in situations where people are in a domestic relationship, such as boyfriend and girlfriend, parent and child, brothers and sisters, people who share a house, or other close personal relationships.

However, domestic violence is not just about being hit or smacked. It covers a range of abusive behaviour – physical, sexual and psychological – that causes fear, intimidation and emotional deprivation for the victim.

No matter what you have done, or what reasons someone gives for being abusive towards you, there is no excuse for domestic violence. Domestic violence can happen in all types of family situations and in all cultures. If you are experiencing domestic violence, there are legal steps you can take to try to change your situation.

What is physical abuse?

Physical abuse is any form of contact that is meant to hurt or injure you, including hitting, kicking, punching, slapping, burning, pushing, pulling or using an object to hurt you.

What is psychological abuse?

Psychological abuse is abusive behaviour that is not physical or sexual. This includes verbal abuse, intimidation (trying to make someone feel scared), harassment (repeated behaviour towards someone that makes them feel uncomfortable or unsafe), damage to property, mistreating household pets, threats of physical or sexual abuse, and financial or economic abuse.

Some examples of psychological abuse are:

• Telling someone, “If you leave me, I’ll kill you.”
• Telling someone, “Do that again and I’ll take the baby away from you.”
• Sending upsetting messages and emails.
• Constantly putting someone down or verbally abusing them.

If a person allows a child to see or hear abuse to another person, or puts a child at risk of seeing or hearing abuse, they have psychologically abused the child.

What is sexual abuse?

Sexual abuse is any form of sexual behaviour that someone does without the other person’s permission, for example forcing them to have sex, forcing them to touch themself sexually, or forcing them to touch someone else sexually. Sexual abuse can also happen without touching, for example by forcing someone to watch pornography, texting or talking to someone in a sexual way, asking someone to pose sexually, or asking someone to remove their clothes.

What should I do if I am suffering from domestic abuse?

If you or your children are experiencing any domestic violence, you need to talk to someone. If there is any immediate danger, call the police on 111 immediately. If you want to contact an organisation that may offer you some help, you can call:

• Women’s Refuge(for female victims of domestic violence) on 0800 REFUGE (733 843);
• Shakti or Shakti Youth(a national domestic abuse intervention programme for immigrant women and children) on 0800 SHAKTI (742 584);
• Shine (a national domestic abuse charity helping keep people safe from domestic abuse and family violence. Shine also helps aggressors of domestic violence relationship if they wish to change their habits) on 0508 744 633; or
• Are You OK(a community-driven behaviour change campaign to reduce family violence) on 0800 456 450.

For long-term protection, you can apply to the Family Court for a Protection Order for you and your children. The police can also issue a Police Safety Order if they think you’re at risk from violence. If you are unsure what to do, please call us on 0800 UTHLAW (884 529)

I’m being abused by a person who is not in a domestic relationship with me, what can I do?

If you have been harassed by someone at least twice in the past 12 months, and they are not part of your family (so you cannot get a protection order against them), you can apply to get a Restraining Order against them.

The types of harassment you can apply for a Restraining Order against include:

• Unwanted following;
• Unwanted messages;
• Unwanted visits to your street/house; and
• Anything that gives you a reasonable fear for your safety.

A Restraining Order is a court order that makes it a crime for the person who has harassed you to:

• Contact you in any way;
• Watch you or hang around outside your home;
• Follow you or stop you in the street; or
• Anything else that gives you a reasonable fear for your safety.

The court can say how long a Restraining Order will last. If the court doesn’t set a time limit on a Restraining Order, it will last for one year. If you decide you need protection for longer than the Restraining Order will run for, you can ask the court to make it longer. This is called ‘varying’ the Order. You can also ask the court to end the Restraining Order early, but you will have to prove that you don’t need it anymore. This is called ‘discharging’ the Order. There are forms you can fill in to vary or discharge a Restraining Order. To apply for a Restraining Order, you need to fill in some forms, which you can find (along with some organisations who can help to fill in the forms) here.

What is a Protection Order?

If you are or have been in a domestic relationship with someone abusive towards you, you can apply for a Protection Order.

A Protection Order is a legal order with the purpose of protecting you, by ordering the other person to stop abusing you and, in some cases, to stop having contact with you. If you are given a protection order but the other person continues to be violent or abusive, they are committing a crime and you can call the police against them.

For more information about a protection order, contact YouthLaw or your local Community Law Centre for advice.

What can a Protection Order protect me from?

Each Protection Order is different, because the judge will consider what the applicant and their children need to be protected from.

A Protection Order can include conditions of:

• Non-violence;
• Non-contact;
• Weapon surrender;
• Attending stopping violence programmes;
• An Occupation Order;
• A Tenancy Order; and
• A Furniture Order.

When can I get a Protection Order?

The Family Court can make a Protection Order if it is satisfied that:

• you are or were in a domestic relationship with the person you seek protection from;
• that person inflicted domestic violence against you or your children; and
• an order is necessary to protect you or your children.

If the person who inflicted domestic violence against you is under 18 years old, you usually cannot apply for a Protection Order against them. However, if they are 16 or 17 years old an order can be made in special circumstances. If you are under 16, you will need help from an adult to apply for a Protection Order.

You don’t need a lawyer to apply for a Protection Order, but we recommend that you use one because it is useful to get some legal advice and the paperwork can be difficult to fill out correctly.

How do I apply for a Protection Order?

You can apply for a Protection Order at your nearest Family Court if you meet the criteria for getting a protection order.

If you are over 16, you can apply for a Protection Order by yourself. If you are under 16, an adult (such as a parent) will need to represent you and make the application for you. You can still give your views to the Court about why you are applying for a Protection Order, and the judge must take your views into account when making their decision.

Do I need a lawyer to apply for a Protection Order?

You don’t need a lawyer to apply for a Protection Order, but we recommend that you use one because it is useful to get some legal advice and the paperwork can be difficult to fill out correctly.

Do I have to tell the other person I’m applying for a protection order against them?

You can apply for a Protection Order with or without telling the other person. If you fear for your safety or need urgent protection, you can apply for a temporary Protection Order without telling the other person. The judge can grant a temporary Order if they think that the delay caused by you and the other party going to Court would risk causing harm or undue hardship. When a judge grants an Order, the applicant is given a temporary Protection Order without hearing from the other person. If you apply for a Protection Order that involves the other person, they will be able to tell their side of the story in Court before the judge makes a decision.

What can I do to challenge a protection order?

You have the right to go to the Family Court to respond to a permanent protection order application that is made against you. You can give the court your written defence against what the applicant has said in their application and sworn statement. You must give the court your defence at least five days before the court date. If you don’t file a written defence in time, you can still go to the court hearing and defend against the application, but you might have to pay court costs as a result. You can also decide to not defend against the application, but this will mean that the judge will make their decision based only on the information given by the applicant

When a temporary protection order is made against someone, they have the right to go to the Family Court about whether the Order should have been granted. If you go to court for this reason, you will need to you first tell the court that you want to be heard. The court registrar will then set a hearing date (which will be as soon as is reasonable, and no later than six weeks unless there are special circumstances). If you are unsuccessful in challenging the temporary order, it becomes a permanent Protection Order after three months.

In a Protection Order, what is a non-violence condition?

If a person has a non-violence condition in their Protection Order, it means that the person the Order is against cannot:

• physically or sexually abuse them;
• threaten to abuse them;
• damage or threaten to damage their property;
• intimidate or harass them;
• encourage someone else to abuse them.

In a Protection Order, what is a non-contact condition?

Usually, the person a Protection Order is against cannot have contact with the protected person. But, if the protected person wants to have contact with them, and/or live with them, the protected person can ask for this to happen. Even if a protected person allows contact, they can always change their mind and stop having contact.

Under a non-contact condition, except in very specific situations, the person a Protection Order is against cannot:

• watch, follow or stalk the protected person;
• stop the protected person from going to their home, school or work;
• call, text, email, message or write to the protected person.

In a Protection Order, what is a weapon surrender?

If there is a weapons surrender in a Protection Order, the person the Order is against will be asked to give any weapons they have to the police, usually within 24 hours of being given a copy of the Protection Order.

In a Protection Order, what is a Family Violence, or Non-Violence, Programme?

If a Family Violence Programme is included in a Protection Order, the person the Order is against must attend and complete a programme to help them stop using violence (unless the Court finds there are good reasons for them not to).

The aim of the Family Violence Programme is to teach the person about the effects of family violence and about how they can deal with future conflicts in better ways so that they can live without violence.

There are also free support programmes and counselling sessions available for people and children experiencing domestic violence.

What happens if I don’t attend my Family Violence Programme?

The programme provider must inform the Family Court within 7 days if you do not attend, and you can be ordered to appear in front of a judge regarding your breach of this condition in your protection order. It is a crime to breach any of your conditions.

In a Protection Order, what is an Occupation Order?

If there is an Occupation Order in a Protection Order, it gives the protected person the right to live in a property even if the person they are protected against owns or partially owns the property. Someone can get an Occupation Order even if they have already moved out of the property.

If an Occupation Order is granted, the other person needs to move out. A judge will make an Occupation Order if it is in the best interests of any children living with the protected person, and/or if it is necessary for the protected person’s safety.

In a Protection Order, what is a Tenancy Order?

If there is a Tenancy Order on a Protection Order, it gives the protected person the right to live in a property that they are renting with the person they are protected against. A Tenancy Order can’t be granted if other people are also tenants of the property. Like an Occupation Order, a judge will make a Tenancy Order if it is in the best interests of any children living with the protected person, and/or if it is necessary for the protected person’s safety.

In a Protection Order, what is a Furniture Order?

If a Furniture Order is included in a Protection Order, the protected person can keep some or all of the furniture and appliances if they choose to move out of the house. It doesn’t matter who owns the furniture or appliances. A Furniture Order can be applied for by itself, or alongside an Occupation or Tenancy Order.

What do I do if the Protection Order is breached?

You can call the Police on 111 if the conditions on the Protection Order are being breached and you are in immediate danger. The Police can charge the person who has breached the Protection Order.

Otherwise, you can contact your local Police station or talk to your lawyer.

Having copies of your Protection Order around will be helpful when the Police come by to take statements. If your children are protected by a Protection Order, you should also let your children’s school and after school programmes know.

What happens if I breach a Protection Order?

If you breach a Protection Order by breaking its conditions without good reason, the Police can charge you with a serious crime, for which you can be imprisoned for up for 3 years. However, a less serious penalty is more likely. The Police can also charge you with any other crimes you may be committing. For example, if you breach the Order by coming onto the protected person’s property without permission, you can be charged with trespass.

The Family Court can also change the terms of the Protection Order.

When does a Protection Order end?

Temporary Protection Orders last for up to three months. Once a person finds out that someone has applied for a Protection Order against them, they can decide to challenge it and the Court will set a Court hearing date to decide whether a permanent Protection Order is needed.

If the other person does not challenge the temporary Protection Order within three months, it will become a final, permanent order.

Once a Protection Order becomes permanent, the person it is against can only get it removed by applying to have it ended (or discharged) at the Family Court. The Court will only discharge the order if the Judge thinks the Order is no longer needed.

I need to be protected from abuse right now, can the police give me a Protection Order?

If you are in immediate danger, call 111 now. The police cannot give a Protection Order, but they are able to issue a Police Safety Order which lasts for up to five days. For more information about protection orders, contact YouthLaw or your local Community Law Centre for advice

What is a Police Safety Order?

If the police believe there has been, or is, a risk of domestic violence, they can issue a Police Safety Order (PSO). A PSO gives people immediate protection from violence and abuse without going to Court. It can last up to ten days.

The police can issue a PSO even if the person at risk, or the person causing the risk, do not agree to it. If the police want to issue a PSO, they can keep the person at the police station for a couple of hours while they sort out the paperwork. If you are protected by a PSO but would like something more permanent, you will need to apply for a protection order.

What can a Police Safety Order do?

A person issued with a PSO may be required to:

• Leave the address where the domestic violence has happened, even if they own the house or live there;
• Stop being violent or abusive to the protected person and their children;
• Stop contacting the protected person or their children;
• Give up their guns and weapons to the police.

If the person breaches the PSO, the Police can arrest them and take them to Court. At Court, the judge might decide to let them go, ask the Police to issue another PSO, or issue a temporary Protection Order against them (if the person needing protection agrees to it).

I’m suffering from domestic violence, where can I get help?

There are several agencies you can call:

• The Police on 111 in an emergency;
• Shine on 0508 744 633 – a national domestic abuse charity helping keep people safe from domestic abuse and family violence. Shine also helps aggressors of domestic violence relationship if they wish to change their habits.
• Are You OK on 0800 456 450 – a community-driven behaviour change campaign to reduce family violence.
• Women’s Refuge on 0800 REFUGE (733 843) – for female victims of domestic violence;
• Shakti on 0800 SHAKTI (742 584) – a national domestic abuse intervention programme for immigrant women and children

Where can I find more information about domestic violence?

The following websites contain information that may be useful to you and your family:

• Family and Community Services has a directory of social services in your local community;
• Ministry of Justice has information about Protection Orders;
• The National Network of Stopping Violence Services has a directory of services near you;
• Community Law Centres offer a range of community legal services including advice, representation and education;
• The New Zealand Law Society has a directory of all the practising family lawyers in New Zealand.