Protection Order Application (Applicant) - On Notice Application

Jurisdiction: New Zealand Family Court (all registries nationwide). This fork covers the on-notice pathway under the Family Violence Act 2018. The without-notice (urgent) pathway is covered in the parent plan above.

The Process at a Glance: After filing, the court serves the application on the respondent. The respondent has an opportunity to file a notice of defence. If a defence is filed, a hearing is scheduled and both parties appear before a Family Court Judge. The Judge hears evidence and makes a decision - either granting the protection order or declining the application. If the respondent does not file a notice of defence at least 5 clear days before the hearing, a Judge may still decide the application at the hearing (rule 314 of the Family Court Rules 2002).

Key Legislation and Case Law: Family Violence Act 2018 (FVA) - key provisions for on-notice pathway: s 60 (application for a protection order); s 79 (requirements for making an order); s 76(1) and s 158(1)(a) (a temporary order is one made on an application without notice; an order made on an application on notice is a final protection order). Family Court Rules 2002 - rule 313 (hearing date fixed as soon as practicable) and rule 314 (notice of defence on the approved form, with an affidavit, at least 5 clear days before the hearing). The standard conditions in s 90 (no family violence, no contact) and the standard condition about weapons in s 98 apply to every protection order, and the court must direct the respondent to attend a non-violence programme unless there is good reason not to (s 188).

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