Joan Rotherham, of Timaru Lawlink firm Timpany Walton, discusses how the Family Court in New Zealand can help protect against domestic violence.

New Zealand laws aim at providing greater protection from domestic violence. The goal is not to punish, but to reduce the level of violence in our community and the suffering it causes.

Under the law, violence includes physical, sexual and psychological abuse, intimidation, harassment, and damage to property. Allowing a child to see or hear domestic violence is considered to be psychological abuse of the child.

A victim of domestic violence can apply to the Family Court for a protection order. Because it is almost always women who apply to the Family Court for protection orders, this article has been written as if the applicant for a protection order is a woman. But men can also be the victims of domestic violence and can apply for protection orders.

The Court may make a temporary protection order without the other party's knowledge if any delay risks harm or undue hardship to the woman or one of her children. The Court will make the order if it is satisfied that there has been domestic violence against the woman, or a child in her household and the order is necessary to protect the woman or child.

Temporary protection orders are given high priority by the Family Court and are made very quickly. This does lead to men being handed protection orders they have known nothing about, but they have the right to defend the making of a final protection order.

Every protection order states that the person against whom the order is made must not physically or sexually abuse the protected person, damage her property, intimidate or harass her, or psychologically abuse her. It also says that he must not enter her house or workplace, follow her or stop her in a public place, watch her house, or contact her by telephone or letter (unless he is arranging access to a child).

When a protection order is made the Court may also say that the woman can occupy the home in which she and the other party live and can have the furniture in that home.

A final protection order remains in force until the Court says otherwise. It can even remain in force if the man and the woman start living together again. In such cases the conditions forbidding contact no longer apply, but the rest of the order still stands.

The person against whom a protection order is made almost always has to attend an anger management course. Programmes are also run for the women and children to help them recover from the effects of domestic violence. If the person against whom the order is made holds a firearms licence, that licence is cancelled [i.e. it could refer to order or license] and he must give his guns to the police.

Where there is a protection order, or where there have been even allegations of violence, the Court will not allow the violent party access to his children unless it is sure that the children will be safe. In these circumstances a man is often granted supervised access to the children until it seems that they will be safe in his care.

Copyright The Lawlink Group Ltd 2001

Every effort has been made to ensure that this information is accurate. However, it is general introductory information only. It does not constitute legal advice and should not be relied on as such. Specialist legal advice should be sought in particular matters.

Joan Rotherham is an Associate in the Lawlink firm of Timpany Walton. Joan has many years' experience in all aspects of family law, in which she has practised almost exclusively for all her career.

Web site: Timpany Walton
Email: joan.rotherham@timpanywalton.co.nz

August 2001