Sign in or 
Share this
What happens once I have an Order?
How long do the Orders last for?
Temporary Protection Orders last for three months and then become permanent if they are undefended by the Respondent, unless the Applicant withdraws them. They can also become permanent if the Respondent defends them but the Judge decides at a defended court hearing, after hearing your and the Respondent's evidence, that a permanent order should be made.
Permanent Protection Orders remain in force until the Court decides to discharge them. The Court will only consider discharging a Permanent Protection Order if either the Applicant or Respondent make an application to the Court and the Court is satisfied that it is safe to do so. In particular the court may need to be satisfied that any children involved will be safe if the orders are discharged.
If you are under 17 and unmarried any Protection Order in your name or including you as the Applicant's child, only lasts until you are 17 (or marry before then).
What should I do if the Respondent does anything he/she is not allowed to under the Order?
Contact the Police.
The Police can arrest a person who they suspect has committed a breach of an order. In deciding whether to do so, they will consider your safety, the seriousness of the offence, and the length of time since the offence occurred.
If the Respondent breaches the Protection Order he/she can be imprisoned for up to 6 months and fined up to $5,000.Multiple offences can result in imprisonment of up to 2 years.
Effect of orders on care of children
The safety of children is of the utmost importance when custody and access issues are considered. If it is proven that a person has used physical or sexual violence against a child or a child's parent, the court will consider the child's safety before allowing custody or unsupervised access to that person.
The factors that will be taken into consideration when determining the safety of the child(ren) include:
- The type of violence.
- The seriousness of the violence.
- How recently the violence occurred.
- How frequently the violence occurred.
- The likelihood of the violence recurring.
- The harm caused, that is, whether the harm was physical or emotional.
The judge will want to know what new custody or access arrangements have been made when considering an application for a Protection Order. Access can be made a special condition of a Protection Order so the Respondent can continue to see the children provided it is safe. If orders are made it is a good idea to give any child care service or school your child attends a copy of the order.
Who can I get help from?
If you are in immediate danger, call the Police. If you have been injured take photographs of your injuries and/or get a doctor to make a note of your injuries.
Community organisations, such as, Women's Refuge, YouthLaw / Tino Rangatiratanga Taitamariki and other Community Law Centres, Citizen's Advice Bureau, Victims Support, Salvation Army, Barnardos, Rape Crisis, HELP, Parentline, Parent Help, can help you in various ways.
For example:
- Arranging for you to be picked up if you are in danger.
- Finding legal help.
- Providing shelter for you and your children.
- Finding out information about making an application.
- Discussing different options for the future.
|
NehaYL |
Latest page update: made by NehaYL
, Jun 30 2009, 5:53 PM EDT
(about this update
About This Update
Edited by NehaYL
589 words added view changes - complete history) |
|
Keyword tags:
None
More Info: links to this page
|
There are no threads for this page.
Be the first to start a new thread.
