Court orders for family violence
Click anywhere on the banner to exit the page.
Press the shrink icon to the right to reduce this banner's size.
You can apply for a Protection, Property or Furniture Order if you're in, or have been in, a close personal relationship with a person who has used family violence towards you (also called the respondent).
If you’re 16 or older, you can make the application yourself. Someone can apply for you if you can’t:
You’ll still get to go to court and tell the judge what you think, even if someone else makes the application for you.
There’s no filing fee to make an application for a Protection Order. However, there may be a cost if you use a lawyer. You may be eligible for legal aid.
The Family Court can keep your address secret from the person you need protection from. If you don’t want them to know your address, you’ll need to submit a ‘Request for confidentiality’ form.
If you think you need a Protection Order, you may want to talk to a lawyer. A lawyer can help you complete the forms, and they may be able to represent you if you need to appear in court. It’s important to use a lawyer who understands family law, especially laws around family violence, protection orders, and Care of Children Act proceedings.
Our legal advice and help page has more information to help you find a lawyer and apply for legal aid. You can also ask a local family violence service to refer you to a lawyer.
When to apply for an urgent court order
If you think you need urgent help, you may find it helpful to talk to a lawyer.
You’ll need to submit an affidavit with your application.
You’ll need to submit an information for Police form with your application. This form tells the Police information they may need to know about the person you need protection from. This includes if they have any firearms or weapons, or mental health and substance abuse issues.
Information for Police form [PDF, 250 KB]
If you don’t want your address to be known to the person you need protection from, you’ll need to submit a 'Request for confidentiality’ form.
Request for confidentiality [PDF, 175 KB]
Decide if you need to apply for a Property Order or a Furniture Order, or both.
If you have children, you may want to apply for a Parenting Order when you apply for a Protection Order.
You need a BLUE or BLACK ballpoint pen if you choose to fill out the forms by hand.
A lawyer can help you apply for court orders and they may also represent you in court.
You’ll need to complete all the following forms.
Application for Protection Order form including affidavit [PDF, 887 KB]
If you want to apply for a Property or Furniture Order, or submit a ‘Request for confidentiality’ at the same time you’ll need to complete the following forms.
Application for Property or Furniture Order form [PDF, 682 KB]
Request for confidentiality form [PDF, 175 KB]
If you want to apply for a Parenting Order at the same time, follow this process:
To have the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.
You must print the forms single sided.
Your application must include:
You can file your application electronically, by post, or in person. When you file your application, it must have the original signatures. You must file your application at the correct courthouse. If you file your application in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your application and keep a copy for yourself.
Court staff will contact you if they need more information.
There is no court filing fee for this application.
If the judge agrees that your case is urgent, they may make a Temporary Protection Order without notice. This means the order will be made before notifying the respondent. It is usually made within 24-48 hours. If a Temporary Order is made, your documents will be served on the respondent and any associates of the respondent who are named in your application to give them a chance to respond before a Final Order is made.
The Court will try to give a copy of your application to the respondent and any associates of the respondent. They’ll have between 21 – 50 days to respond, depending on where they live.
Service doesn’t always happen immediately. You may not be told when the respondent has been served. Even with a Protection Order, you may still be at risk of family violence. You may find it helpful to contact a family violence specialist service.
If the Court can contact the respondent, they will have 90 days to respond. If they respond, you’ll be given a copy of their response
Protection Order information for respondents
If the Court can’t contact the other people named in your application or they choose not to respond, a judge may make a Final Protection Order.
The time it takes for your case to be finalised in court depends on the following.
If you want to know how long your case may take, talk to your lawyer. If you don’t have a lawyer, visit our legal help and support page to understand where you can find legal help.
How long an order lasts depends on the type of order a judge makes.
If a judge makes a Temporary Protection Order, it will usually last until any of the following happen.
If the respondent doesn’t respond within 90 days the Temporary Protection Order may become Final. In some cases, the court may decide to hold a hearing before making a Final Protection Order.
A Final Protection Order means a Temporary Protection Order hasn’t been defended, or a judge has made a final decision and the court process is finished.
A Final Protection Order will last until the applicant, or the respondent, apply to the court to change or cancel it.
The court won't cancel a Protection Order unless it’s satisfied that the respondent is no longer a risk to the applicant and any other people protected by the order.
There are services available if you need help or support for family violence.
Visit our help page to find specialist family violence support