Conditions of a Protection Order

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A Protection Order has 2 main conditions: no violence and no contact with the people protected by the Order.

'No violence' condition

The violent person must not:

  • abuse (physically, sexually, financially or psychologically) the protected people
  • threaten to physically or sexually abuse the protected people
  • damage, or threaten to damage, property that belongs to the protected people
  • encourage anyone else to abuse or threaten the protected people.

'No contact' condition

The violent person must not:

  • go to the home, workplace or school of the protected people
  • stalk the protected people by hanging around where they live, work or study
  • follow the protected people
  • try to stop the protected people from coming or going anywhere
  • phone, text, email, send letters, fax or contact the protected people in any other way.

'No contact' conditions don't apply if the violent person (called the respondent) and the person who applied for the Protection Order (called the applicant) live together.

The applicant can tell the violent person at any time that they no longer want to live with them. If they do this, the 'no contact' conditions apply and the violent person must leave. If they don't leave, they're breaking the conditions of the Protection Order and can be arrested and charged with a crime.

Contact with the other person

The person who applied for a Protection Order and the violent person can’t have contact with each other unless:

  • there's an emergency and the contact is reasonably necessary
  • contact is part of a court Order (such as a Parenting Order) or a written parenting agreement between the violent person and the protected person
  • the contact is listed as a special condition of the Protection Order
  • they need to take part in a family group conference under the Children, Young Persons and Their Families Act 1989 (external link)

In some cases, the Protection Order will let the violent person have contact with their children. If this happens, it may be under supervision.

Find out more about contact with children

If the violent person has weapons

When the violent person receives a  Protection Order, they must give the police:

  • any firearms licences they have
  • any weapons they have.

Weapons are any firearm, airgun, pistol, restricted weapon, ammunition or explosive.

If the violent person gets a final Protection Order made against them, their firearms licence will be automatically cancelled by the police.

If the conditions are broken

If the violent person breaks the conditions of a Protection Order, the police can arrest them and they could appear in the criminal court.

If they’re found guilty of breaking the conditions of a Protection Order, they could be sent to prison for up to 3 years.

It’s also a crime if they don’t attend a non-violence course when they’re ordered to. If convicted, they can be fined up to $5000 or sent to prison for up to 6 months.

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