Domestic Violence and the Law

control someone’s life by constantly humiliating
them or controlling someone’s money, time, car or
contact with friends and family as a way of having
power over them. If the respondent allows any
children to witness the domestic violence this is
psychological abuse against them.
WHAT IS A PROTECTION ORDER?
A protection order is made by a judge to protect
people from domestic violence.
A judge can make the order if they are satisfied
that:
• there has been domestic violence, and
• the order is needed to protect a person and any
children that usually live with them from the
person who has been violent.
HOW ARE PROTECTION ORDERS
MADE?
FAMILY COURT
A person who wants protection from domestic
violence can apply for a protection order through
the Family Court. The Family Court can make a
temporary protection order, usually on the same
day, if the situation is urgent. If the application is
not urgent, the respondent will have the opportunity
to tell their side of the story before the Family Court
makes a final protection order.
To apply for a protection order you need to be in
a domestic relationship with the person being
violent. “Domestic relationships” are defined by the
Domestic Violence Act 1995 as:
• married couples
• de facto couples
• gay and lesbian couples
• couples in civil unions
• parents and children
• members of the same family or whänau
• flatmates or other people who live in the same
house or flat, and
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