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.
In this Legal Guide:
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
Police Safety Order (PSO)
- Issued by: The Police at the scene.
- Duration: 1 to 10 days only.
- Purpose: Emergency “breathing space.”
- Next Step: It expires! You must apply for court protection before it ends.
Protection Order
- Issued by: A Family Court Judge.
- Duration: Long-term / Permanent.
- Purpose: Comprehensive, legal safety.
- Next Step: Provides a “Without Notice” safety shield immediately.
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.
- For a discussion on the difference between a Restraining Order and Protection Order click here.
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
While understanding the legal framework of protection orders is essential, the application process itself is time-sensitive and can be emotionally overwhelming. A small error in your affidavit or a failure to link your protection order to essential ‘linked relief’—such as occupation or furniture orders—can result in unnecessary delays when your safety is at risk.
If you are currently in an urgent situation, or if you are unsure how to present your case to the Court, you don’t have to do it alone. As a specialist Family Lawyer in Auckland, New Zealand, I have helped numerous clients navigate the protection order process effectively. Call now to book a consultation and let’s ensure your application is robust, compliant, and focused on securing your long-term safety.
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).
To find out what the grounds are for obtaining a Protection Order in New Zealand click here.
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.
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.
NZ Protection Orders FAQs
There is no filing fee to apply to the Family Court in New Zealand for a Protection Order, however there are other hidden costs that you may have to pay that are discussed in depth in our article titled How Much Protection Orders Cost
According to the Family Violence Act 2028, a Temporary Protection Order automatically becomes final if and only if the respondent does not defend it. A final protection order does not have an expiry date and continues unless or until it is discharged by application of one or both parts.
.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.You can apply to the Family Court that the Protection Order was originally made to have it discharged but frivolous applications to have it discharged are likely to see you subject to an award of costs being made against you
In New Zealand a Protection Order is made by the Family Court not the criminal courts, so there will be no criminal record. However it s a criminal offense to breach a protection order and if you are charged and found guilty you are like to have a permanent criminal record.
No, a Protection Order is made by the Family Court and the person you need protecting from must be a family member or have been in a close personal relationship with you. A restraining Order is for non-family situations. Bothe Orders are designed to stop people from harassing you. The difference between a Restraining Order and Protection Order are discussed here.
There are three grounds for obtaining a Protection Order that the Family Curt must be satisfied of in order to make a Protection Order: Firstly, you have to be in, or have been in a close personal relationship with the person you want to take the order out against, such as a family member or ex girlfriend. Secondly, you have to have suffered family violence from that person and thirty, a protection order must be necessary.
When making an application for a Protection Order you can ask the Family Court to keep your address private and confidential. There are a number of documents that you need to specify for this including a separate document that needs to be filed when requesting your address to remain private and confidential.You will still need to provide your address to the Court in addition to providing a physical address for service which is typically your lawyer’s address.
You can make an application for an Occupation or Tenancy order and Furniture Order. These will allow you to stay at the house with the furniture even if your name is not on the tenancy or Land Title.
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.
About the Author : Naomi Samantha Cramer
Author Credentials: Naomi Samantha Cramer is a Barrister & Solicitor with over 27 years experience . She is an expert in Family Law and author of several publications including Protection Orders Under the New Zealand Family Violence Act 2018 . Her research and legal insights are documented and available on Google Scholar and ORCID. Professional registration confirmed via the NZ Law Society . You can also find her professional profile on LinkedIn . Click here to view her comprehensive profile and publications at the Author Credentials Hub.