PROTECTION ORDER
and
PARENTING ORDER
(New Zealand)

Protection Order

A Protection Order is a legal Order designed to protect a protected person and their children from further violence. A Judge can make a Protection Order if they are satisfied there has been domestic violence. The Order will also work to protect an applicant, and any children that usually live with them, from a respondent who is deemed violent.

Breaching the conditions of a Protection Order is a criminal offence. If a respondent is charged by the Police with a breach they will have to appear in Court. They may get a criminal record and could be sent to prison for up to three years.

It is also a criminal offence if respondents do not attend, or do not complete, a non- violence programme where they’ve been ordered to.

Parenting Order

Either the applicant or respondent can apply to the Family Court for a Parenting Order. The Order will set out who has day-to-day care (custody) of the children and who can have contact with them (access).

A Judge has to be satisfied that the children will be safe with the respondent before allowing any contact. The Judge may say that the respondent can only see the children when they are supervised by another adult. If supervised contact is allowed, the Parenting Order will say when the respondent can see their children.

Often an application for an urgent interim Parenting Order is made at the same time as a Protection Order application (although if the Protection Order has been made through the Criminal Court, you’ll have to apply separately to the Family Court for a Parenting Order).

Questions you may have

Who can apply for a protection order?
What is the process through the family court?
When does the criminal court make a protection order?
How does a protection order work?
Conditions of a protection order
What if the conditions are broken?
How long will a protection order last?
Contact with the person committing violence
What if the violent person has weapons?
What if children are involved?
What about property?
What will happen to an applicant’s property?
Will the applicant get to stay in their home?
Will the applicant get to keep their furniture?