How does a Protection Order work?

The person who applies for a Protection Order is called the 'applicant'. The Protection Order protects the applicant and any children who live with them. When a child turns 17, they remain protected by the Protection Order if they live with the person who applied for it.
The person who is being violent is called the 'respondent'. If the respondent is being violent towards other people, like a new partner, older children or a flatmate, the Order can protect them too. The applicant must ask for these people to be protected in the Order.
The Protection Order will protect the applicant and other people named on the Order from the respondent. If the respondent encourages other people to be violent towards the applicant, the Protection Order will protect them against those people as well. Those people are called 'associated respondents'.

 Responding to Protection Orders

The Family Court takes allegations of domestic violence seriously. It also provides people with the right to respond to any allegations made against them. When domestic violence cases require urgent action, the Family Court can make a temporary Protection Order against a person without notifying them. The court can also make temporary Occupation and Tenancy, Furniture and/or Ancillary Furniture Orders.

If a temporary Order is made that involves you, you will be told and have a chance to respond in court before the Order is made final.
When someone asks the court (makes an application) for a Protection Order or another Order that is not urgent and involves you, you will be given a chance to respond before an Order is made.
You also have a right to object if you believe you should not have to attend a non-violence programme as required by a Protection Order.      More information on Responding Here

 Legal advice and legal aid
You should consider having a lawyer represent you if allegations of domestic violence are made against you. You may be eligible for legal aid, where the government pays some or all of your lawyer’s bills.

Parenting Orders

Either the applicant or respondent can apply to the Family Court for a Parenting Order under the Care of Children Act 2004. 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).

Police Safety Orders

The purpose of a Police Safety Order is to protect the person at risk  from immediate violence, harassment or intimidation.
The Police can issue a Police Safety Order when they believe on reasonable grounds that domestic violence has occurred or might occur. The Police don't need the consent of the person at risk to issue the Order. The Order lasts for up to five days but more usually one or two days. The expiry time and date is listed on the Order.

What happens when a Police Safety Order is made?

When a Police Safety Order is made, the person being violent (the respondent) must leave the address while the Order is in force, even if they own the property or normally live there.
The respondent must not assault, threaten, intimidate or harass the protected person or encourage anyone else to do so.
The respondent must not follow, stop or contact the protected person in any way, in any place, either at home, at work, or anywhere else the protected person visits.
The respondent must surrender all firearms and their firearms licence to the Police for the duration of the Order.
The Police Safety Order also protects any children living with the protected person. Any conditions set out in Parenting Orders or agreements permitting access or care by the respondent are suspended.
The Police may detain the respondent for up to two hours to issue and serve the Order.
There's no right of appeal.

What happens if it's breached?

If the respondent breaches a Police Safety Order, the police can charge the respondent and take them to Court. The Court may issue a warrant to arrest the respondent and bring them before the Court. 

Male Survivors of Sexual Abuse Trust
The Next Step Programme
The MSSA Trust is a contact point for men who have been sexually abused or fearful that they may have been abused. The trust assists men to access ACC counselling and to enter individual or group support programmes.
The Next Steps services
  • Referrals to ACC counsellors
  • Advocacy
  • Peer Support groups
  • Youth Worker
  • Educational Speaker available for schools/groups/agencies/etc
  • Booklets, information/resources
  • Life Skills & workshops
  • Researching/ preparing govt and legal submissions

Christchurch: Contact MSST (03) 3776747

Auckland: Auckland Support group
09 8371809 or 021 356400 (David)

NZ PARS is a community organisation which works for a safer society by providing support to offenders and their family/whanau. PARS services are provided to offenders and their family/whanau, pre-sentence, during-sentence and after-sentence.
These include:
  • Information and support, often practical, before and during sentence and following release
  • Referral and advocacy to enable people to access services in the community
  • Helping inmates and their family/whanau to deal with issues that arise as a result of imprisonment
  • Assisting inmates to maintain contact with their family/whanau, which can involve assistance with travel and accommodation
  • Visits to inmates who have no community support
  • Assisting inmates to manage their finances and secure their property during sentence
  • Assisting in the areas of accommodation, employment, income, relationships, community support, victim issues and healthcare
  • Programmes and special projects

Restorative Justice - The Restorative Justice Trust
 Restorative Justice is a way of responding to the offence and its effects that makes the people affected by the crime the key focus. Restorative Justice creatively addresses the trauma of crime by recognising that victims have many needs which are not met in the current system. While victim pain is a primary concern of restorative justice, victim and offender restoration is a priority. Offenders are made accountable at face-to-face meetings with the victim. Support people are invited who assist the parties in achieving reconciliation.

Services include:
  • 24 hour crisis phone line
  • 24 hour access to emergency accommodation
  • Confidential listening and support
  • Home visits
  • Rural services
  • Advocacy/support at Police, lawyers, Court, WINZ, housing, etc.
  • Emergency transport
  • Information on legal issues, benefits, safety options, housing, etc
  • Referrals to sympathetic counsellors, lawyers, doctors, accommodation, etc.
  • Education and support groups for women and children about living free of violence
  • Child-care programmes
  • Training on family violence awareness.

Youth Resources
 Legal help for young people –  Your rights and legal help
Sex, life, relationships, contraception  - Family Planning and sexual health
Health, sex, nutritionfrom The Low Down -aimed at 17-24 year olds
Drugs, sex,  - URGE is a Kiwi website with alot of American bias
Eating disorders including chat support 
Eating Disorders - an American website with relevant info
LGBTIQ  - information, support , helpline and advocacy.
SPARX - an interactive game , and  resources for young people and parents.
Youth One Stop Shop - Palmerston based health and counselling for 10-24 year olds 

Relationship tips advice and insights . English site

Men’s Advocacy:-
Essentially Men NZ  - programs and balanced articles promoting men
A Voice for Men  -  balancing the feminist narrative
Mens Web -useful links page
MENZ     Masculinist Evolution NZ, a debate site 
New Male Studies  - a Journal on Education
Male Studies - advocating Mens programs in Universities 
Mens Health Australia -  Supporting men's mental health
The Mankind Project NZ  - personal development and health for kiwi men

Mens Health and welfare :-
Mens Health Trust   - Auckland based service with advice and good information
Andrology Australia- mens sexual health and health forum
Depression and Anxiety -  Depression support and tools
Grief and Loss   - relevant for loss of relationships or partners
Manopause -for mid life crisis support and advice
 MenAlive!  - stress and health issues
Cancer - Central Districts website and resources
Get The Tools - Men's physical health and sexual health 
The Recovery Village - addiction support.  American site with good info

Menz Shed   Manawatu and nationwide
Rick Belden   mens poet, artist  and psychologist

Victims, Abusive Relationships and Sexual Addiction

Abusive Relationships -  Shrink4Men blog supporting men in abusive relationships
Mens Safety Project - for men in abusive relationships
Male Survivors of Sexual Abuse  - male victims and survivors 
Bristlecone Project - Men overcoming sexual abuse and assault
Living Well  - Australian based sexual abuse survivors resources
Sex and Love Addicts Anon    Auckland based Sex addicts support network  
CASA - Australian based information on Sexual Abuse and Family Violence

Father and Child Trust - promoting Happy dads and kids 
ShoreFathers - Supporting NZ Dads
The Good Men Project - healthy relationships and fatherhood

Are You OK?    family violence information 
Mens Safety Project - for men in abusive relationships 

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