If Im Served a Protection Order Can I Never Own a Gun Again

Officer carrying a young child.

How you can get a Protection Order

Hither'southward how to become nigh getting a Protection Club from the Family Court. There are three important steps you lot demand to accept:

decide to act
discover people who volition help
use for the Gild.

Determine to act

This is usually the toughest of the iii steps. It takes courage to stand upward to family unit violence, merely it's important to call back that everyone is ameliorate off when violence stops. That includes you, your children if you have any, anyone else who lives with yous and fifty-fifty the person abusing yous.
Call back, you are not alone; at that place are thousands of people in this country who are in the same state of affairs.

Detect people who volition aid

If y'all are in immediate danger, call 111 and ask for the Police force. They volition answer immediately.
If the danger is not firsthand, there are other organisations that tin can help yous arrange a Protection Order.

If you decide you want to make the violence stop, there are a lot of people and tough laws that will help you. These people include the Family Courtroom, Police, the Ministry building for Vulnerable Children, Oranga Tamariki (formerly Child, Youth and Family unit), Women's Refuge, Stopping Violence Services, your lawyer, Victim Back up, and many other authorities and community organisations.

The Court takes applications for Protection Orders very seriously. The vast majority are granted immediately.

A list of customs organisations that can help y'all can be found at the front of the telephone book (White pages) under Emergency Services or Personal Help Services. Organisations such as the Women'southward Refuge can help women in many ways. They may:

arrange to pick yous upwardly if you don't take money or a automobile
arrange emergency accommodation for y'all and your children if you lot need to go out of your home
discuss the choices y'all have and the different kind of legal, housing and financial assistance you lot can get
provide you with information on how the system works - the Police, the Family Courtroom, Legal Aid, etc
speedily accommodate an appointment with a lawyer
support you in applying for a Protection Order.

Other organisations, such as Piece of work and Income, tin can assist you with welfare or support services.

A lawyer (preferably 1 who is familiar with family law and the Family Court) volition help you lot set up your awarding, take downwardly your statement and, if you are on a depression income, apply for complimentary Legal Assistance.
If you don't know a suitable lawyer, all the master support agencies can assistance you find i.

Family Court – y'all can go to your nearest Family unit Court and ask the Family Court Coordinator how to apply for a Protection Order.

Apply for the Order

You will fill out an application form, which you are strongly advised to practice with the assist of a lawyer.
Your lawyer will also write downwards your story and why you demand a Protection Order in a sworn statement (affidavit). At the same fourth dimension, yous tin also apply for a Holding Order to requite you possession of the house and/or article of furniture. Both the application and the argument volition then be given to the Family Court, which will respond very quickly (usually on the same 24-hour interval) to your application.

Children can apply for their own Protection Orders (with the help of an adult). Your nearest Family unit Courtroom, Community Police force Centre, the Ministry for Vulnerable Children, Oranga Tamariki (formerly Kid, Youth and Family) part, social worker or guidance counsellor can aid.

If you can't afford to pay, you should ask for free Legal Aid.

Applications in the Family unit Courtroom

Appearing in the Family Court

The Family Court Judge will read the awarding and, in many cases, make a determination without seeing the bidder. Sometimes the Guess volition ask to see the applicant (with their lawyer or others who are helping).

The Family Court has an informal atmosphere – for example the Judge doesn't vesture a wig. If something isn't clear, just ask – after all, everyone is there to aid.

The Family unit Courtroom is not like a Commune Court or High Courtroom; there is no jury. Only Court officials and those supporting will be there. Family Court staff and Family unit Court Coordinators are trained to deal with families. Anyone coming to the Family Court will discover the people there sympathetic, helpful and understanding. Too equally a lawyer, the bidder tin can accept a friend or family fellow member there for back up.

How long does it accept to become an Club?

The Protection Lodge will almost always be made the same mean solar day. Oftentimes it will be made within minutes of the awarding reaching the Family Court.

The Court's job is to be off-white to both parties. There are therefore opportunities for the respondent to use to the Court and to take their side of the story heard.

Will the respondent be present?

Nearly of the Orders fabricated by the Family Courtroom are made without discover. This means without the person named in the application (the respondent) existence enlightened of it.

Sometimes the Judge will direct that the respondent receives observe of the application. Where this happens, the Judge volition normally give the person a short tirne (say 24 hours or a few days at well-nigh) to file a written defence. If a defense is filed, the Court will then hear each side and make a conclusion. Nonetheless, in the majority of cases the Court will consider the awarding serious and urgent plenty to make a Protection Guild immediately.

How does the respondent detect out about the Protection Society?

Things happen quickly once the Order is granted. The Orders are typed up at the Court and copies are made. The applicant, their lawyer or anyone helping can pick up one copy. An agent of the Court (a bailiff, mayhap with the Police) volition visit the respondent and will requite them a copy of the Protection Club. They will ofttimes explain what the Society means and what will happen if the respondent disobeys the Guild.

Another copy of the Order will also be sent to the police station nearest the bidder, so they are aware of the Order.

How long is a Protection Order for?

When an Social club is made before the respondent is given observe, it is temporary and runs for 3 months.

If the respondent does non defend it, the Order will automatically get concluding later the three months are up and will stay in force permanently. The applicant can choose at any time to ask the Courtroom to cancel the Guild.

If the respondent objects to the Order and defends information technology, a hearing appointment will be set by the Courtroom and the bidder will exist told nigh it. The Court will and so consider both sides.

What does the Protection Order say?

Family Court Protection Orders take standard conditions but they are besides flexible plenty to deal with individual situations. Some of the conditions the respondent must follow are listed below.

Non-violence conditions

The respondent:

must not physically, psychologically or sexually abuse or threaten the applicant or their children
must not damage or threaten to damage the applicant'south property
must non encourage anyone else to physically, sexually or psychologically abuse or threaten the applicant or their children.

Programmes

In most cases, the respondent will be required to attend a Court-appointed 'stopping violence' plan to help them live without violence.

Firearms weather condition

When a temporary Protection Order is made the respondent must hand in any firearms within 24 hours, or before if required past the Law. Their firearms licence will besides be suspended. If the respondent has admission to firearms or weapons the Police, the Court or the applicant's lawyer must be told. Once the Society is made final their firearms licence will be revoked unless the respondent has satisfied the Courtroom that the applicant will be safe.

Non-contact conditions

The Order volition include non-contact conditions which the respondent must follow. The applicant tin choose to hold to contact. Standard non-contact atmospheric condition include that the respondent must not:

come up to the applicant'due south home or onto the applicant's holding
hang around the neighbourhood
try to stop the applicant, their children or those close to the applicant from coming or going
telephone, write or fax or in any manner contact the applicant unless information technology is an emergency, there is written permission or they are both asked to attend a family group briefing

Non-violence weather apply in every example. Non-contact conditions apply when the parties are living apart.

If you are the respondent

If yous are named in a Protection Order, the consequences could be very serious.

It volition touch on the contact you take with your partner and your children, if you have whatever.
It may, in some cases, hateful you take to move out of the firm.
In other cases, it may mean that your partner or family member tin take piece of furniture from the house.
If you have a firearms licence, it will be suspended by a temporary Order and you will be required to hand over any firearms or weapons. If the Order is made final without modification your firearms licence will be revoked.
You will probably be required to attend a programme to assist you lot learn to alive without violence.

Receiving the Guild application

A bailiff, a police officer or some other agent of the Family unit Court volition give yous a re-create of the temporary Gild and other papers. Sometimes an application for an Social club volition be made on find and you volition receive a copy of the application earlier an Society is made.

Your rights

Because the consequences of a Protection Order are so serious, the law gives you the opportunity to oppose the Club or application or to challenge any of the alleged facts or special weather. The procedure for doing this varies depending on whether you have received a temporary Guild or an awarding on find.

Deciding what to do

Whether you accept responsibleness for the family unit violence or you lot totally disagree with the allegations, it'due south important you clearly understand what a Protection Order means and what could happen as a effect.

Find a lawyer, preferably one who is familiar with family unit police force and the Family unit Court. He/she will help you understand the Social club or application and its consequences. Together you tin can work out what the side by side step should be. Do you wish to deny the allegations? Do y'all accept the allegations but want to acquire to live without violence?

Defending the Order application

Where the Court makes a temporary Order, you are entitled to challenge whether a final Society should be fabricated. A lawyer can aid you lot prepare your statement. You or your lawyer volition then notify the Court, which will set a hearing date. If you don't file a defence the Social club volition go terminal three months after the date information technology was fabricated.

Application on notice

If the application is served on you before an Social club is made you will have an opportunity to present your instance to the Court before information technology decides whether to make an Gild. A lawyer can assistance gear up your defence. If yous don't file a defence force and don't appear at the hearing, the Court can make a final Order in your absence.

Legal Help

Visit the Legal Assistance department on the Ministry of Justice website for options if you cannot afford a laywer.

If you are the applicant

Contact with respondent

If you want to have contact with that person – for example, you desire to keep living with them – the non-contact conditions are suspended.

Special conditions

Yous can work with your lawyer or the Family Court to go special atmospheric condition – for example, what happens when you choice upwards or drop off the kids.

Back up programmes

You and your children can, free of charge, attend special Court-approved programmes that volition help you deal with your situation. These programmes will assist you and your children deal with emotional turmoil and help y'all keep safe and in command of your life. Ask your lawyer or Family Courtroom staff how to apply.

Practise I have to motility out of home?

One of the real fears people have about continuing up to violence is that they will end up with nowhere to live. Talk to your lawyer virtually whether you need to go a Property Order in improver to the Protection Society then you can stay in your dwelling house.

Do I lose my furniture if I decide not to get back to the house?

No. If you move out of a house because of violence, a Piece of furniture Guild may state that you lot tin accept article of furniture from your sometime home to set up a new home. The Police can be asked to back-trail you lot to collect the furniture. Talk this over with your lawyer.

What if I change my mind and don't want the Club any more?

Getting a Protection Society doesn't hateful that you've fabricated a determination that's prepare in concrete. Information technology doesn't necessarily mean you take completely concluded the relationship. If you choose to, you can accept a Protection Gild and still be living with that person.

At any stage you can allow the person back into your life, in which case the not-contact weather condition of the Protection Order will exist suspended - but not the not-violence ones.

You can also utilize to the Court to take the whole Guild discharged.

What if he/she starts abusing me again afterwards I stopped/suspended the not-contact weather condition?

Whether y'all live together or not, you are always protected from violence by the Protection Guild. Once you've got a Protection Guild, the non-contact conditions automatically come up back into forcefulness if you inquire the respondent to leave. Recollect that the respondent is just immune contact with your express consent.

Custody and admission

Who will get custody of the children?

By law, both parents have custody rights unless the Courtroom says otherwise. If there is a run a risk that one partner volition have the children abroad or impairment them, the other can ask the Court for sole custody. This would mean making a carve up application to the Family Courtroom. When there is proven violence, the Court normally will not allow the violent person to have custody.

Volition the respondent be able to visit the children?

Sometimes yes, sometimes no. A custody or admission order issued by the Court will outline when visits tin can occur. When in that location is proven violence the Courtroom usually will not allow the trigger-happy person to have unsupervised access to children. Any costs of providing supervised access are to be paid by the person seeking admission, usually the respondent.

If a parent tin but accept supervised access to the children, it is very important to tell the school, day care centre and other caregivers about the Order and exactly who is allowed to visit or take the children away.

If the abuse doesn't stop

People often want to requite their trigger-happy partners another run a risk and let them dorsum into their lives. Sometimes it works; sometimes it doesn't. It's your right to choose and the law respects that. If you give it another chance and the violence starts once more, tell your partner that the non-contact conditions are on again (the not-violence ones can never be suspended). All the original atmospheric condition immediately come back into strength and the abuser must immediately leave yous solitary. If that doesn't happen, phone call the Police.

What happens if he/she hassles me simply isn't physically violent?

If you have a Protection Order, y'all have specific protection from any physical, sexual or psychological corruption (and that includes threats or harassment). Police policy is to abort a person who breaches a Protection Order. They will exist dealt with in a criminal court, not the Family Court.

What are the penalties for breaches of a Protection Order?

The Courtroom will requite highest priority to the victim'due south safety when considering bond applications. Where there is prove that a breach of a Protection Order has occurred, the person will be arrested and cannot be bailed by the Law for 24 hours.

A breach includes declining to nourish a 'stopping violence' programme.

The maximum punishment for breach of a Protection Order is 3 years in prison house. If other serious crimes of violence are involved, the penalties could be even more serious.

Restraining orders

A restraining order is similar to a protection club except that information technology falls under the Harassment Act and applies where there isn't a domestic relationship. More information on restraining orders may be establish on the communitylaw website.

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Source: https://www.police.govt.nz/advice-services/family-violence/protection-orders