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Overview
This page explains what a restraining order is, how to get one and what protection it can provide.
Restraining order
A restraining order is a legal document that tells the other person what they must stop doing, such as contacting or intimidating you.
The order says what contact that person can have with you and what will happen if they don’t keep to the rules. It makes it a crime for the person to:
- contact you in any way
- do things like watching you or hanging around outside your home
- follow you or stop you in the street
- cause you mental distress
- do anything else that makes you fear for your safety.
It is also a crime for the person who has harassed you to threaten to do any of those things or encourage someone else to do any of those things to you. The person may be arrested if they break the rules of the order.
A restraining order will last for one year unless the court sets a different time limit.
Who can apply for a restraining order
You can apply for a restraining order if you are not in a close personal relationship with the person who is threatening or causing harm, such as a neighbour or stranger.
You can apply for a restraining order if you are being harassed and the harassment has happened at least twice in the past 12 months.
How to get a restraining order
You can apply for a restraining 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. It is free to apply for a restraining order.
The court will give the person you want to restrain a chance to respond. Then you’ll go to a hearing at the court where a judge will decide to grant the order or not. If the person wants to oppose the order, they’ll also be at the hearing.
Get a restraining order | Ministry of Justice(external link)
Restraining orders for stalking and harassment
If you have experienced stalking and harassment on two occasions within two years, you can report this behaviour to the New Zealand Police. They will investigate and may charge the person causing harm with a stalking and harassment offence.
A restraining order can be granted at sentencing of a stalking and harassment offence.
Stalking and harassment | New Zealand Police(external link)