Auckland Family Protection Lawyer – Get Help, Fast
Domestic violence is a terrible thing. Sadly, it is too common in the region. Below we consider what an Auckland family protection lawyer can do for you and why their role is crucial.
Getting Family Protection
If you or anyone in your family has been threatened by someone who lives in your home, is a former partner, is an extended family member, you can get a Protection Order. You apply to the Family Court for a Protection Order protect you from domestic violence.
If the issue becomes a criminal case, the judge can make a Protection Order to keep people safe from family violence, even if that person has not applied for a protection order.
If you need help applying for a protection order, contact an Auckland family protection lawyer.
Who is Covered by a Protection Order?
A Protection Order covers the applicant, their children, plus any other people named for example a new partner.
With regards to a protection order, a child is defined as:
- any child that is not yet born
- children under the age of 18 living with the applicant
- children who turn 18 when the Protection Order is in place and are living with the applicant. The 18-year-old can ask the court to change the order if they no longer want the protection of the order.
An order can also include associates of the alleged aggressor (the respondent). That means the respondent cannot ask friends to threaten or even contact the family.
Family Protection From Whom
A Protection Order can be taken out on any person employing domestic violence or abuse. This can include:
- a partner
- spouse
- immediate family members
- extended family members
- a flatmate
- a caregiver
- anybody with a close personal relationship.
Types of Protection Orders
There are two types of protection.
Temporary Protection Order
This gives immediate protection, which you can get with a Temporary Protection Order. You do not need to notify the respondent beforehand. If a judge agrees that ‘without notice’ order is necessary, they can make a Temporary Protection Order immediately.
Final Protection Order
After a Temporary Protection Order has been granted, the respondent has up to three months to respond. If there is no response, then the Temporary Protection Order will automatically become a Final Protection Order.
A Final Protection Order will remain in place until the court cancels it. To cancel a Protection Order the judge has to believe that the applicant is no longer at risk from the respondent.
The Three Main Conditions Of A Protection Order
1 No family violence
The respondent must not use any form of domestic violence including:
- abuse of any form such as physical, psychological, sexual, or financial
- threats
- damage or threats to damage property
- hurting pets owned by the protected person
- encouraging others to abuse or threaten the protected person.
2 No Contact
The respondent shall not have any contact with the protected person. This includes:
- visiting their home, workplace, or school
- stalk, watch, or loiter near a protected person
- prevent a protected person from going to or leaving any place
- make contact using any communication method including phone, text, email.
3 No weapons
The respondent cannot retain ownership of or store any weapons or a firearms licence.
If they do have any weapons or a firearms licence, these must be given to the police within 24 hours.
Agreeing To Contact
The protected person can have contact with the respondent if they choose however there is no obligation to do so. This must be specified in writing or email. It can state the conditions and location under which any contact can be made. This can be changed by the protected person at any time.
Contact with a Protected Child
The respondent cannot have contact with a protected child if the Family Court has ordered contact must be supervised.
Final Thoughts
It is paramount that you seek help if you or your family are suffering from domestic violence or abuse. Help is available quickly but under the stressful conditions, getting legal help can take some of the pressure of you. Lawyers will have worked on other cases like yours so will be able to advise you of your best options and also help with any Protection Order applications you need.
If you’re unsure about how to protect you or your child talk to an Auckland family protection lawyer like McVeagh Fleming.