Obtaining a Protection Order - types of applications and cost
There are two types of applications for a Protection Order which can be made in the Family Court, without notice and on notice.
Without notice applications
Without notice applications are used in urgent situations and allow the Court to consider an application and, if necessary, make a Temporary Protection Order without hearing from the Respondent. If the Court grants a Temporary Protection Order, the respondent will not be told you have applied for the Temporary Protection Order until after the Order has been granted. The Respondent is usually served (given) the application, Judge’s minute, and Order by the Police.
To obtain a Temporary Protection Order you will need to show that any delay would, or might, cause undue hardship or a risk of harm for you or your children.
Without notice applications are filed to the Court electronically and may be considered by a Family Court Judge anywhere in New Zealand. Generally, without notice applications are considered within 24 hours, however, sometimes it can take a few days.
If a Temporary Protection Order is made, the Court will send you a copy of the Judge’s minute, and the Temporary Protection Order which will contain detailed information for you about the Order and how it works. It is important to understand that the Order is in force as soon as it has been granted, but generally, the Respondent cannot be convicted of breaching the Order until after they have been served with it. The Court will let you know when the Respondent has been served.
After the Respondent has been served with the application and Order, they will have the opportunity to file a response to this. If the Respondent does not file a response within three months of the Order being made, the Temporary Protection Order will automatically become Final (permanent).
If the Respondent does file a response, you will have the opportunity to respond to this and the Court will set the matter down for a hearing so that a Judge can hear the evidence and decide whether, on the balance of probabilities, it is necessary for a Final Protection Order to be made.
On Notice Applications
An on notice application is served on the Respondent and they have the chance to respond to the application before the Court makes a decision about whether or not to grant a Protection Order.
In some instances, you may apply without notice for a Protection Order, but the Judge who considers the application decides that delaying the process will not cause undue hardship or risk of harm to you or your children. If this happens, your application will be placed ‘on notice’ and the Respondent will be notified and have the opportunity to respond.
If the Respondent is served with the application but does not file a response, you can ask the Court to grant you a Final Protection Order. However, if the Respondent does respond and opposes the making of an Order, the Court will set the matter down for a hearing so that a Judge can hear the evidence and make a decision about whether or not, on the balance of probabilities, it is necessary for a Protection Order to be made.
What do I need to show to get an Order?
To obtain a protection order in New Zealand you need to file an application to the Family Court and provide an affidavit in support of your application, which sets out the history of family violence. The affidavit must set out:
That there is, or has been, a family relationship between you and the respondent.
That there has been a history of family violence.
Why the Protection Order is necessary, and
If the application is made without notice, why the delay that would be caused by applying on not would, or might, mean undue hardship or a risk of harm to you and your children.
It is helpful to provide evidence to support your affidavit if this is available. Some examples of helpful evidence/information are:
Doctor’s reports.
Family violence reports from the Police.
Copies of police safety orders that have been issued.
Photos of injuries caused by the Respondent, and
Screenshots of threatening or psychologically abusive messages received from the Respondent.
What does it cost?
You are not required to pay a filing fee to the Court when you apply for a Protection Order. However, if you are also applying for a Parenting Order, you will be required to pay a filing fee for the Parenting Order application.
If you are on a benefit or a low income, you may qualify for Legal Aid, which is a government funded scheme that gives eligible persons access to a lawyer.
If you require advice or assistance with obtaining or opposing a Protection Order, please contact us on (03) 379 3880 and ask to speak with our Family Law Team.
