Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client needs protection from family violence and wants to apply for a Protection Order through the New Zealand Family Court. Family violence in New Zealand includes physical, sexual, and psychological abuse - including coercive control, intimidation, financial abuse, and threats. The client does not need to have suffered physical violence to qualify. A pattern of small, repeated acts that are coercive or controlling is itself family violence. This plan covers the most common pathway: a without-notice (urgent) application where the judge considers the matter immediately without the respondent being notified, resulting in a Temporary Protection Order.
Jurisdiction: New Zealand Family Court (all registries nationwide). This parent plan covers the without-notice (urgent) pathway. The on-notice pathway - used when the situation is not immediately urgent and the respondent is served before the hearing - is covered in the fork below.
The Process at a Glance: The lawyer gathers evidence of family violence and completes the application form and supporting affidavit. The completed documents are filed at the nearest Family Court registry - there is no filing fee. A Family Court Judge reviews the application, usually within 24 to 48 hours, without the respondent being present. If satisfied, the Judge grants a Temporary Protection Order. The order is then served on the respondent by Police, who simultaneously demand surrender of any firearms and the respondent's firearms licence. If the respondent does not file a notice that they wish to be heard within three months, the Temporary Protection Order automatically becomes a Final Protection Order. The lawyer also assists the client with an immediate safety plan, advises on digital safety, and coordinates referral to appropriate support services and the free Family Court Kaiārahi navigator service.
Use this fork when the client's situation does not require an immediate without-notice application, or when a without-notice application has been converted to on-notice by the Judge. In an on-notice application, the respondent is served with the application and has the opportunity to file a defence before the Judge makes a decision. This pathway is less common in protection order matters but applies where the violence is not ongoing or there is no immediate risk.
Key Legislation and Case Law: Family Violence Act 2018 (FVA 2018) - primary legislation (in force 1 July 2019; replaced the Domestic Violence Act 1995). Key provisions: s 9 (definition of family violence - physical, sexual, psychological abuse; coercive control and patterns of behaviour explicitly included; children who witness violence are themselves victims of psychological abuse); s 12-14 (family relationship - covers spouses, de facto partners, family members, household members, persons in close personal relationships); s 79 (grounds - respondent has used family violence AND order is necessary for protection); s 83 (the court must have regard to the applicant's perception of the nature and seriousness of the behaviour, and its effect); s 86 (the order applies for the benefit of any child of the applicant's family); s 87 (the court may direct that the order also protect other people); s 90 (standard conditions - no family violence, no contact, and not encouraging others to do what the order prohibits); s 91 (the protected person may suspend the standard no-contact condition by consenting to contact, and reinstate it by cancelling consent); s 94 (consent must be in writing or a digital communication; cancelling consent may take any form); s 98-99 (standard condition about weapons); s 103 (court may impose special conditions); s 188 (direction to the respondent to attend a non-violence programme); s 112 (breach of a protection order - up to 3 years imprisonment); s 211 (failure to comply with a programme direction - up to 6 months imprisonment or a $5,000 fine); s 107 (duration); s 108 (variation); s 109 and s 110 (discharge). The Arms Act 1983 was repealed on 23 September 2026 and replaced by the Arms Act 2026. Under s 99 FVA 2018 a Temporary Protection Order suspends, and a Final Protection Order revokes, any firearms licence held by the respondent, and under s 70(b) of the Arms Act 2026 a person who has, or has had within the previous 10 years, a final protection order made against them is disqualified from holding a firearms licence. Crimes Legislation (Stalking and Harassment) Amendment Act 2025 - made consequential amendments to the FVA 2018 (verify current provisions on legislation.govt.nz). Legal Services Act 2011 - legal aid available. Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 - from 17 October 2025, holders of a final protection order may apply for dissolution of marriage/civil union without the standard 2-year separation requirement (s 39A Family Proceedings Act 1980). Key cases: note that only the parties, their lawyers and certain other people may attend a Family Court hearing (Family Court Act 1980 s 11A), and a report of proceedings that identifies a child or a vulnerable person needs the leave of the court (s 11B); for reported cases search nzlii.org or Westlaw NZ. Applicable principles: courts give significant weight to applicant's perception of risk; cumulative patterns of coercive control constitute family violence without physical violence; abusive use of litigation is itself recognised as ongoing psychological abuse.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Protection Order Application (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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