The Government has this month announced changes to the Domestic Violence Act in its attempt to overhaul family violence law with a focus on the safety of victims. It has acknowledged family violence is a serious issue for New Zealand with over 110,000 family violence investigations last year. In addition to this there were 5,264 applications made for Protection Orders. The legislation changes which look to be introduced early next year will provide measures to reduce barriers to Protection Orders by simplifying forms, providing advice and allowing others to apply on a victim’s behalf when a victim is too fearful.

Unfortunately, a lot of domestic violence goes unreported and victims often experience multiple abuse before reaching out for help.  If you believe you need a Protection Order against someone whom you are in a domestic relationship with then you can make an application to the Family Court under the Domestic Violence Act.

Who can you get a Protection Order against?

This may be against someone who is a spouse or partner, family member, someone you ordinarily share a household with or have a close personal relationship with. In determining whether to grant a Protection Order the Court is likely to consider the nature and intensity of the relationship, in particular, the amount of time you spend with them and the place and manner in which that time is ordinarily spent.

What is domestic violence?

Domestic violence can be physical, sexual or psychological abuse. Although physical and sexual abuse is generally well understood, psychological abuse is a common and damaging form of abuse which many do not realise is covered by the Domestic Violence Act.

You may be suffering psychological abuse if you have received any of the following:

1. Intimidation;
2. Harassment;
3. Damage to your property;
4. Economic abuse;
5. Threats of physical, sexual of psychological abuse; or
6. Abuse in front of a child or if a child is put at risk of seeing or hearing abuse on someone that child has a relationship with.

If someone you are close to is abusing you in one of the above ways then you may be eligible to get a Protection Order against them.

What do you need to prove to the Court?

1. That domestic violence has been used against you, your child or both;
2. That the making of a Protection Order is necessary for your protection;
3. In some cases domestic violence may be a single act against you, however in other cases it may be various minor acts which form a pattern of abuse;
4. Your perception of the domestic violence, the nature and seriousness of the behaviour and the effect that behaviour has on you will all be considered by the Court; and
5. You do not need to prove that the person’s behaviour is intentional.

If you think you may need to apply for a Protection Order we recommend urgently seeking the advice of an experienced Family Lawyer who can assist you. If you believe you are being abused by someone whom you are not in a domestic relationship with or you need immediate assistance, then we recommend you contact the Police.