Protection Orders in New Zealand: A Practical Guide Under the Family Violence Act 2018

In the Family Court, a Temporary Protection Order is the most effective way to ensure immediate safety under the Family Violence Act 2018.

Urgent Without Notice Applications

In the Family Court, the fastest way to secure safety is through a Without Notice application. Under the Family Violence Act 2018, this allows a Judge to issue a Temporary Protection Order without the respondent being informed of the application beforehand. This is reserved for urgent situations where any delay might cause “undue hardship” or a “risk of harm.”

The Importance of the Affidavit

Your application must be supported by a comprehensive Affidavit. This is a sworn legal document where you outline the history of family violence. As your lawyer, I ensure your Affidavit clearly details:

• Specific incidents of physical, sexual, or psychological abuse.
• Patterns of coercive control or financial abuse.
• Threats made against you or your children.
• Why the order is “necessary” for your ongoing protection.

Protection orders are among the most important legal tools available in New Zealand to keep people safe from family violence. Yet many people do not understand how they work, when they apply, or what the consequences of breaching them are. This guide explains how protection orders operate under the Family Violence Act 2018, what applicants and respondents need to know, and common mistakes that frequently frustrate outcomes.

This guide was written by Naomi Cramer, New Zealand family lawyer and author, based on extensive Family Court experience with family violence.

What a Protection Order Is

A protection order is a civil order made by the Family Court that places legally enforceable conditions on someone who has used, or is using, family violence against another person. It is designed to protect the applicant and any children from further harm. 

Under the Family Violence Act 2018, a protection order can also protect other people the court directs, including children and other family members.  

What’s the difference PSO vs. Protection Order

Many people assume a Police Safety Order (PSO) is the same as a Protection Order. While both stop violence, they are used very differently:

• A Police Safety Order (PSO) is like a “short-term emergency brake.” The Police issue it on the spot for 1 to 10 days. You don’t have to go to court, but it expires quickly. It’s meant to give you a safe window of time to plan your next move.
• A Protection Order is a “long-term security system.” You apply for this through the Family Court with my help. It starts as a Temporary Protection Order (lasting 3 months) and can become a Final Order that protects you forever. It is a much stronger legal shield.

The Police Safety Order (PSO): An Emergency Shield

If the Police attend a family violence incident and believe there is a risk of harm, they can issue a PSO immediately under the Family Violence Act 2018. The “bound person” must leave the home and have no contact with you for the duration of the order. This is an emergency measure designed to give you “breathing space” to seek long-term legal protection.

The Protection Order: Your Long-Term Safety Plan

Because a PSO expires quickly, you must act before it ends. A Temporary Protection Order provides continuous safety. Unlike a PSO, a Protection Order is a formal court order that follows you everywhere—to your home, work, and even online—and includes strict conditions regarding your children and firearms.

Crucial Advice: If you have been issued a PSO, the clock is ticking. You should use those precious hours to have your lawyer prepare an Affidavit and file an urgent application with the Family Court to ensure your protection does not lapse when the Police order expires.

Who Can Apply for a Protection Order

Anyone who is or has been in a close personal relationship with a person who has used family violence can apply. This includes:

• Partners or former partners
• Family members
• People who ordinarily share a household
• Other close personal relationships where family violence has occurred

The key constraint is that the relationship must fall within the definition of “family violence” under the Act. 

Need immediate protection? If you require a senior lawyer to prepare a Without Notice application today, visit our Protection Order Service Page

What the Court Must Be Satisfied Of

A judge may make a protection order if they are satisfied that:

• The respondent has inflicted or is inflicting family violence, and
• An order is necessary to protect the applicant or a protected person (including children).  

The court can make orders on notice (with service on the respondent) or without notice (urgent applications). 

Standard Conditions in a Protection Order

Most protection orders include:

• A prohibition on all forms of family violence — physical, psychological, financial or sexual
• A no-contact condition — the respondent must not approach or communicate with the protected person(s)
• A weapons or firearms condition — the respondent must hand over any firearms or licences to police if ordered.  

Temporary vs Final Protection Orders

Temporary protection orders may be made without notifying the respondent where urgency and risk are satisfied. If not discharged or objected to, they generally become final by operation of law after a fixed period unless contested.  

Who Is Protected?

A protection order automatically protects:

• The applicant
• Any child of the applicant’s family (including unborn children or those under 18 who have lived with the applicant).

Common Mistakes Applicants Make

There are several mistakes that can delay or derail a protection order application. Each of these is explored in detail in my book Protection Orders: A Practical Guide Under New Zealand’s Family Violence Act 2018:

• Not clearly articulating the nature and urgency of family violence
• Including irrelevant details that distract from the risk evidence
• Failing to ask for linked relief (such as occupation orders or confidentiality of address)
• Misunderstanding the difference between urgent (without notice) and standard applications

Case Studies and Practical Examples

Real-life case studies demonstrate how small nuances in evidence presentation and legal framing can dramatically affect outcomes. In the book, numerous examples — with names and identifying details redacted — show how judges, registrars, and police respond in practice, how orders are enforced, and how breaches are dealt with.

Breaches of Protection Orders

If a respondent breaches the conditions of a protection order, this is a civil breach that may lead to arrest and criminal charges. Police play a key role in enforcement, and breaches can attract penalties including imprisonment. 

Interaction With Other Laws

A protection order may also interact with:

• Parenting and care arrangements under the Care of Children Act
• Child support assessments
• Criminal proceedings where family violence is alleged

Importantly, the existence of a protection order may be treated as an aggravating factor in sentencing if a family violence offence is proven. 

When a Protection Order May Be Varied or Discharged

Either party can apply to vary or discharge a protection order, but courts generally require compelling evidence that circumstances have changed and that safety will not be compromised by the change.

Why This Matters

Protection orders are powerful legal instruments. Understanding how they are made, enforced, and interacted with other aspects of family law is essential for anyone involved in family violence matters, whether applying for one, responding to one, or advising someone who is.

About the Book

Protection Orders: A Practical Guide Under New Zealand’s Family Violence Act 2018 is a comprehensive, chapter-by-chapter resource that explains the statutory framework, practical application, common pitfalls, and real-world examples drawn from legal practice. Case studies with redacted names show how the law operates in practice and why preparation and evidence matter.