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Restraining Order
I need a restraining order to prevent an individual from contacting or approaching me, my family, or my property, due to ongoing harassment and threats. The order should include a specified distance the individual must maintain and cover both physical and digital forms of communication.
What is a Restraining Order?
A Restraining Order is a court-issued directive that protects people from harassment, threats, or violence. In New Zealand, these orders give police immediate power to act if someone breaks the rules set out by the court, including arresting the person who violates the order.
Under NZ's Harassment Act 1997, victims can apply for protection through either the District Court or Family Court. The order typically stops the named person from contacting you, coming near your home or workplace, or behaving in threatening ways. Breaking these conditions is a criminal offense that can lead to fines or imprisonment.
When should you use a Restraining Order?
Get a Restraining Order when someone's behavior makes you feel unsafe or causes serious distress. This legal protection is crucial if you're experiencing stalking, repeated unwanted contact, threats of violence, or intimidating behavior that disrupts your daily life.
Apply through NZ courts immediately if someone shows up uninvited at your home or workplace, sends threatening messages, or makes you fear for your safety. Don't wait for the behavior to escalate���early action gives you stronger protection. The courts take these applications seriously, especially if you have evidence like messages, photos, or witness statements that show the concerning behavior.
What are the different types of Restraining Order?
- Non-Contact Orders: Block all forms of contact, including phone, email, and social media. These protect you from harassment while letting you go about your daily life.
- Protection Orders: More comprehensive than standard restraining orders, covering both you and your children. Include mandatory no-violence conditions.
- Workplace Orders: Specifically prevent someone from entering your workplace or contacting you at work.
- Property Orders: Stop someone from damaging or interfering with your property, including pets and vehicles.
- Temporary Orders: Provide immediate protection while waiting for a full hearing, usually lasting up to three months.
Who should typically use a Restraining Order?
- Protected Persons: Individuals seeking safety from harassment, threats, or violence. Can include anyone experiencing stalking or intimidation.
- Police: Enforce restraining orders and can make immediate arrests if conditions are breached.
- Court Officials: Process applications, issue orders, and handle variations or extensions to existing orders.
- Legal Representatives: Help victims prepare applications, gather evidence, and present cases in court.
- Restricted Persons: Those bound by the order's conditions, facing criminal penalties if they violate its terms.
How do you write a Restraining Order?
- Personal Details: Gather full names, addresses, and contact information for both yourself and the person you need protection from.
- Evidence Collection: Document all incidents with dates, times, locations, and witnesses. Save messages, photos, or recordings.
- Safety Assessment: List specific behaviors you want stopped and places you need protection (home, work, school).
- Support Network: Inform trusted family, friends, and employers about your situation and the order.
- Legal Requirements: Complete court forms accurately, describing the pattern of behavior causing you distress.
What should be included in a Restraining Order?
- Identification Details: Full legal names and addresses of both protected and restricted persons.
- Prohibited Actions: Clear list of specific behaviors and actions the restricted person must not do.
- Protected Locations: Exact addresses and distances the restricted person must maintain.
- Duration: Start date and length of the order, including any review or extension options.
- Enforcement Terms: Consequences of breaching the order and police powers to act.
- Service Details: How and when the order will be served to the restricted person.
What's the difference between a Restraining Order and a Cease and Desist Order?
Restraining Orders and Protection Orders are often confused in New Zealand's legal system, but they serve different purposes and offer distinct levels of protection. While both aim to keep people safe, their scope and application differ significantly.
- Legal Authority: Restraining Orders focus specifically on stopping harassment and unwanted contact, while Protection Orders provide broader safeguards against domestic violence and abuse.
- Who Can Apply: Restraining Orders are available to anyone experiencing harassment, while Protection Orders are specifically for domestic relationships.
- Scope of Protection: Protection Orders automatically cover children and can include property protection, while Restraining Orders typically focus on the individual applicant.
- Duration: Protection Orders remain active indefinitely unless discharged, while Restraining Orders often have specific time limits.
- Enforcement Powers: Protection Orders grant police broader intervention powers and include mandatory arrest provisions for breaches.
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