The Ex-Files: I've been served with a protection order - what are my rights?
Questions: I was recently served with a temporary protection order. I think it is unfair I was not given the chance to reply.
- What does the Family Court look at in deciding whether to make a final protection order?
- How long will it take to get a final hearing if I defend the case?
- Can I travel overseas for six months and ask the court to delay my case?
- Will the order affect my job applications?
- What are the immigration consequences of a final protection order?
Answers:
There are two stages. The first stage is to consider whether there has been violence. This could include psychological, emotional and physical violence and intimidation.
The second stage is to consider whether there is a risk to the victim. The judge will consider factors including whether there have been any breaches of the order, whether the respondent has done a relevant course, and any insight gained from the course. The test and criteria for discharging a protection order is set out in Section 110 of the Family Violence Act 2018.
The court needs to be satisfied firstly that there has been violence, and secondly that there is the risk to the victim. Has the violence occurred at the end of the relationship or has there been a pattern of behaviour throughout the relationship?
These family violence hearings are given priority. Due to the clogged court system, these hearings can take two to six months to be heard.
To travel overseas, you will need the consent of the judge. If you travel overseas without consent or the knowledge of the court, the case could be heard in your absence.
Employment consequences (job applications)
You are not obligated to voluntarily disclose the protection order during a job application process, unless it would affect your ability to perform the role (e.g. the person who obtained the protection order works at the same location). An employer can only ask you about protection orders if it is relevant to the role. If you are asked and the protection order is relevant to the role, then you do need to answer.
To read the full article on the NZ Herald website click here
