Temporary vs. final
protection orders
Protection Orders are either "Temporary Protection Orders" lasting 3 months or "Final Protection Orders" which are permanent until discharged.
Temporary Protection Order (This last 3 months)
If a person needs protection urgently, they can apply for a protection order to be made “without notice”. This means that the Family Court Judge will look at the application and decide immediately whether to grant a "Temporary Protection Order". This temporary protection order will last for 3 months.
The respondent (i.e. alleged perpetrator) will be "served" (i.e. formally provided a copy of) the Temporary Protection Order and it's application. Most Protection Orders are made in this way.
If the respondent does nothing after being served, a Final Protection Order will usually be granted by the Family Court automatically after 3 months.
If the respondent files documentation with the Family Court indicating they wish to oppose the making of a Final Protection Order, then a court hearing may occur with a Family Court Judge determining whether the existing "Temporary Protection Order" should be replaced with a "Final Protection Order".
Final Protection Order (This is a permanent Court Order but a discharge can be applied for)
Temporary Protection Orders are usually made into Final Protection Orders after three months if the making of a final order is not opposed by the respondent.
Also if a Protection Order is applied for "on notice" (i.e. non-urgently) the applicant will be seeking a Final Protection Order.
Additionally a Protection Order can be applied for "without notice", however the Family Court Judge considering the application may decide that a delay won't put the applicant or their children at risk of harm or hardship and may place the application "on notice” to the respondent. If this occurs the application may proceed to a court hearing with a Family Court Judge determining whether a Final Protection Order should be made.
Contact Family Lawyer
Antoinette Vujnovich, family lawyer, is available by appointment at the following locations:
Waihi, Bay of Plenty
Waihi Community Resource Centre
4 Mueller St, Waihi
p: (07) 929 7982
m: 021 210 0930
Katikati, Bay of Plenty
15 Talisman Drive, Katikati
p: (07) 929 7982
m: 021 210 0930
Manukau City, Auckland
Level 1, 3/12 Laidlaw Way,
East Tamaki
p: (07) 929 7982
m: 021 210 0930