Urgent Protection Orders
How the Court can help keep you safe
If you’re feeling unsafe right now – whether because of threats, harassment or violence – you don’t have to face this alone. The Family Court can grant a temporary protection order urgently, often the same day, to help keep you and your whānau safe.
What a protection order does
A protection order is the Court’s way of putting a legal safety net around you. It can stop the other person (the respondent) from:
Contacting you or your Tamariki in any way – including calls, texts, social media messages or face-to-face.
Coming near you – where you live, work or where your children go to school
Owning or using weapons – these must be surrendered, and they may be required to attend a non-violence programme.
The order can also include your Tamariki and anyone else living with you.
Applying for a protection order
To apply, you’ll need to file an application and an affidavit (a sworn or affirmed written statement) to the Family Court closest to your area of residence.
Your affidavit is crucial – it should be succinct and focused, explicitly setting out recent incidents of harm.
The Judge will consider:
Your evidence – any supporting documents like texts, emails, police reports, photographs.
History of violence – any patterns of violence, threats or controlling behaviour.
Risks – children, recent escalation, access to weapons.
A well-prepared affidavit helps the Judge understand your situation quickly, making it more likely for an order to be granted urgently.
After the Temporary Protection Order (TPO) is made
The TPO takes effect immediately once granted. Police will serve it on the respondent. The respondent has 3 months to decide if they want to defend it (i.e. challenge it). If they defend it, there will be a Court hearing, and a Judge will decide whether the order ends or becomes final.
If they don’t defend it, it automatically becomes a final order and stays in place until one of you applies to change or remove it.
If the respondent is directed to attend a non-violence programme, they have 10 working days to object. Not attending is a breach of the order and the Police can arrest them. Breaches are serious – the Court can impose a fine of up to $5,000 or prison for up to 6 months.
Other orders you can apply for:
Occupancy orders: decides who can stay in the shared property (owned by you and the respondent).
Tenancy orders: decides who can stay in a rented property.
Furniture orders: decides who can keep furniture and appliances (often temporary).
If you have children
The respondent can only have contact with the children if the Court allows it – they will have to make a parenting application to the Court. You can tell your children’s school or day care about the Order, so they know who is allowed to contact.
Changing the Order
The ball is essentially in your court once an order is in place. You can consent to contact at any time. But consent is only valid if given in writing or in a digital communication. However, at any point you wish to withdraw consent, this can be done at any time and in any way.
Conclusion
Bottom line: you don’t have to wait until things get worse. The Family Court can act quickly to protect you, and we can help guide you through the process step by step.
Contact us today to talk about your situation.
