Family Violence

Family violence (sometimes called domestic violence), is a specialist area of family law in which we have a lot of experience. We have both male and female lawyers who can work with you.

In family violence situations, once a complaint has been made to the Police, the accused is arrested and will appear in the Family Violence Court. The accused will plead either guilty or not guilty. If they plead not guilty, then they will attend a hearing. The consequences for the accused may be:

  • They are asked to leave the family home
  • They have a protection order granted against them
  • They are charged with a criminal offence (often ‘Male assaults Female’).

We are experienced in representing both parties in a family violence situation.

 

If you are a victim of family violence

Please contact us to discuss your options. We will provide advice and if required, we can arrange an urgent protection order for you and your family. You might have children that would like contact with the other parent now or in the future. We can help you obtain a Parenting Order from the Courts, which will set out the rules around the contact which will be bound by the law. This might include for example, when contact will occur, whether it needs to be supervised by an independent party and anyone who should not be allowed to come in contact with the children.

We suggest that you also seek help from the police and agencies such as women’s refuge, who will be able to offer advice and support.

Please call Jeremy on 09 263 6953 or email him on jeremy@jeremysutton.co.nz. Legal aid is often available for Family Violence situations and we will be able to advise you on whether or not you qualify.

 

If you are the accused

We can represent you in the Family Court. Where possible, we will try to ensure you are not convicted of a criminal offence.

A criminal conviction can have serious consequences. It can prevent some overseas travel and may seriously impair your employment opportunities, now and in the future. A section 106 Discharge without Conviction, means you will not receive a criminal conviction. This is only granted if the Court is satisfied that the consequences of a conviction would outweigh the seriousness of the offence.

Our experience enables us to advocate strongly for you in Court and we have a proven track record in obtaining s106 discharges without conviction for first time offenders.

 

Protection Order

A Protection Order is an order by a judge to protect people from domestic violence. “Domestic violence” includes physical, sexual and psychological abuse. The judge can make the order if they are satisfied that:

  • there has been domestic violence, and
  • the order is needed to protect you and any children under 17 that usually live with you from the person who has been violent.

A protection order can also be made to protect other people who are at risk from the violence, for example, older children or a new partner.

The person who requests the Protection Order is called the ‘applicant’ and the person who the application is made against is called the ‘respondent’.

The protection order will contain non-violence conditions, including the respondent must not physically or psychologically abuse the applicant, or damage or threaten to damage the applicant’s property.

The protection order also contains non-contact conditions, unless the applicant expressly agrees to the respondent living in the same house. The non-contact conditions prohibit the respondent from making any contact with the applicant, enter any land or building occupied by the applicant, or watch, loiter near or prevent access to/from the applicant’s house, workplace or any other place the applicant visits often.

A Protection Order makes it a criminal offence for the respondent to have any contact with you without your consent.  This includes by coming to your house, writing to you, emailing you, phoning or texting you.

A protection order can be granted on the same day it is applied for, and is effective immediately. This is called a temporary protection order as initially, it will last three months. At the end of three months, if the protection order has not been successfully opposed by the respondent, then it will become a permanent protection order, and can only be removed by application to the Court.

We can file papers in Court to protect you and your children, on an urgent basis if required. We have male and female family lawyers who can act for you. You may also need advice on obtaining a Parenting Order and child support payments, if there are children involved. Please call the office to get expert help on 09 263 6953 or 0800 486 267.