
It is against the law in New
Zealand to psychologically, physically or sexually abuse a partner.
A New Zealand police guide to
Protection Orders & the Domestic Violence Act states the
following:
PHYSICAL ABUSE
Nobody, including a husband, wife, partner, or an adult
who looks after children, has the right to hit, punch, kick
or in any way assault another person.
SEXUAL ABUSE
Nobody is allowed to have any sexual contact with another person
without permission.
PSYCHOLOGICAL
ABUSE
This includes intimidation, threats and mind games. Below are
just a few things that the Family Court recognises as psychological
abuse:
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Damaging property as a way of hurting
someone. |
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Making threats, such as "If
you leave, I'll kill you", "do that again and I'll
give you a hiding", "Tell the Police and I'll beat
up the kids". |
|
Allowing a child to see or hear
any domestic violence. |
|
Trying to control someone's life
by constantly humiliating them. Controlling someone's money,
time, car or contact with friends as a way of having power over
them. |
CONTACT
THE POLICE IN ALL LIFE-THREATING SITUATIONS ON 111
PROTECTION
ORDERS
If you ever find yourself in a relationship or situation where
any of the above abuse is happening you can apply for a protection
order. A protection order makes it illegal for your partner,
friend or family member to continue to abuse you. If the abuse
continues the perpetrator will be fined, recommended to a group
for non-violence for re-education, or jailed. It is very important
that if you have a protection order and it is breached that you
ring the Police on 111.
THINGS
TO KNOW ABOUT PROTECTION ORDERS
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A protection order applies whether
you want to be separate or are still living or seeing the abusive
partner. Many people do use protection orders when they don't
want the person to contact or come near them again. Others who
feel unable to leave an abusive man use them to protect themselves
within their home. Others use them so a family member or ex-partner
cannot abuse them if they are both at social gatherings or work. |
|
To apply for a protection order
you need to see a lawyer. Many people cannot afford lawyers and
have the following options; going to a free legal aid clinic
at the one of the women centres or
contacting your local women's refuge for further information. North
Shore Women's Refuge 09-410 6736 |
|
Legal Aid is available to all New
Zealand residents who do not have enough money to get legal representation
in order to obtain a protection order. However recent changes
to legislation mean that you have less legal time allocated
to you. This makes it very difficult to obtain a good affidavit
before your time runs out. Therefore, contact you local refuge,
such as the North Shore Women's Refuge and they will assist you
prepare your affidavit for the lawyer. This way your Legal Aid
time is used more effectively. |
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A protection order will be applied
for by your lawyer in the Family Court. The Family Court, unlike
the main court, is confidential. This means your application
for protection cannot be publicised or known outside the court. |
One of the most important points
to remember about getting a protection order is getting the right
lawyer. Always ring your local refuge and ask them to give you
a list of experienced family court lawyers.
Have
you or your friends had experiences like this? Tell us.