Getting legal protection

Protection orders

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Overview

This page explains what a protection order is, how to get one and where to get support.

Protection order

A protection order is a legal document that tells the other person that they must stop being violence or abusive to you or your children. It may require them to stop contacting you. It can also have other conditions. The person using violence can be arrested if they break the rules of the order.

A protection order has three main conditions:

  • no family violence
  • no contact
  • no weapons.

If you're not sure whether you have been affected by family violence, there is information available to help you understand more about family violence(external link)

Who can apply for a protection order

You can apply for a protection order if you have a 'family relationship' with a person who is using violence towards you (this includes physical, sexual, phycological, and financial abuse). 

You are in a family relationship with someone if they are:

  • a partner or spouse
  • a family member
  • someone you share a household with
  • anyone you have a close personal relationship with.

A protection order will name the people to be protected (including family pets), the person who is being violent and what that person can and can’t do.

If the rules of the order are broken, you can report what happened to the police as they may charge the person with an offence.

How to get a protection order

A protection order is granted by a judge. If you need immediate protection you can apply for a temporary protection order to be made urgently. This is called ‘without notice’ which means the person who is being violent won’t know about it until it has been granted. They have three months to disagree with the order before it becomes final.

If you don’t need protection urgently, you can apply ‘on notice’ which means the person being violent can have their say about whether the order is granted or not.

Get a protection order | New Zealand Ministry of Justice(external link)

Restraining order

If you are not in a close personal relationship with the person harming or harassing you, you may be able to get a restraining order.

Find out more about restraining orders

There is support available to you

You may experience a range of emotions as you think about what happened and how it has affected you. There are support organisations around Aotearoa New Zealand that can offer help and support.

You might find it helpful to talk to a lawyer if you want to apply for a protection order. They can help you fill out the forms and represent you in court. It is free to apply for a protection order.

Some specialist family violence prevention organisations can also help with your application and provide other help and support.

Get legal advice and help | New Zealand Ministry of Justice(external link)

More information about supporting organisations

Non-contact Order

You can apply for a non-contact order if you were the victim of some specific types of violent crime, the offender has been sent to prison for more than two years, and if you don't want them to contact you once they are released.

You cannot get a non-contact order if you already have a protection order or restraining order against the offender.

You can apply any time after the offender has been sentenced to imprisonment.

A judge will make a non-contact Order if they’re satisfied:

  • you’re still dealing with the ongoing effects of the crime
  • contact would make it harder for you to deal with the ongoing effects of the crime
  • the offender (or someone associated with them) is likely to contact you if a non-contact order isn’t in place.

You can apply for a non-contact order yourself or get help from a lawyer.  If you’d like help applying, you can also freephone the Ministry of Justice on 0800 268 787 or visit your local court.

Apply for a non-contact order | New Zealand Ministry of Justice(external link)