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Family law

Protections against family violence: An overview

Types of behaviour that can be “family violence”

A change in language: From “domestic” to “family” violence

Since the new Family Violence Act came into force in 2019, the law in this area is now called “family violence”, rather than the old term “domestic violence”.

This change emphasises the fact that violence can happen in a range of intimate and family settings, both inside and outside the home, and that this violence isn’t a private or “domestic” issue.

Family Violence Act 2018, ss 9, 11

The family violence laws cover physical violence and abuse – such as punching, choking, kicking or throwing things.

The family violence protections also cover sexual violence and abuse – this includes saying sexual things, forcing you to look at pornography, or any kind of unwanted sexual contact, even if at other times you agreed to sexual contact.

You’re also protected against psychological (mental) violence and abuse – this includes:

  • intimidating or harassing you – for example, watching or hanging around your home or workplace, or following you or coming up to you when you’re out with your friends or otherwise out in public
  • threatening you – this includes not just when you’re face to face but also through things like text messages or online posts
  • breaking or damaging things in your house or other things that belong to you or the family, like damaging your car
  • hurting household pets
  • financial or economic abuse (abuse that’s to do with money) – for example, stopping or limiting your access to your bank accounts or other financial resources, or stopping or limiting you from getting a job or getting further education or training
  • stopping you from having access to things you need if you’re older or have an impairment or are ill – like medicines, or wheelchairs or hearing aids.

Family violence includes both single acts and patterns of ongoing behaviour

Family Violence Act 2018, s 9(3), 10(2), 82

Just one incident can amount to family violence – for example, a single physical or sexual assault.

On the other hand, a number of smaller incidents, including some that may seem minor or trivial when looked at one by one, can also add up to family violence.

The family violence laws explicitly recognise that family violence can take the form of a pattern of behaviour, made up of a number of different acts of physical, sexual or psychological abuse – sometimes relatively small things. The laws protect against this behaviour when, taken together, it causes you harm (including psychological harm) or it’s all about controlling you or about forcing or pressuring you to do, or not do, certain things (“coercive” behaviour). This might be done to, for example, cut you off and isolate you from your family and friends.

Note: The kinds of violence and abuse described above amount to “family” violence only if they take place between people who are, or were, in a “family relationship”, as that term is defined in the Family Violence Act.

Family Violence Act 2018, s 9(4)

Family violence can include dowry-related violence. This means when the violent person is unhappy about how much money or other property or benefits have been given for a marriage or proposed marriage.

It is psychological (mental) abuse of children when family violence happens around them

Family Violence Act 2018, s 11(2), (3)

If someone lets a child see or hear family violence, or puts a child at real risk of seeing or hearing the violence, that counts as ‘psychological abuse’ of that child, and so a judge can make a family violence Protection Order to protect the child.

Under the family violence laws, the adult who suffers the abuse isn’t held responsible for the child seeing or hearing the abuse. In other words, if your partner hits you or screams at you in front of the children, your partner is responsible for this psychological abuse of the children – obviously you are not responsible for it, because it’s outside your control.

However, under the Crimes Act, adults can be held criminally responsible if they fail to take reasonable steps to protect children in their home from serious abuse (see “Parents’ duty to report child abuse” below).

What about smacking children?

Crimes Act 1961, s 59

New Zealand law recognises that there are sometimes valid reasons for a parent to use force against a child, like if the child is in danger, and needs to be grabbed back to safety. But it’s not legal to use force to “correct” or discipline a child. So, smacking a child as punishment is not legal in New Zealand.

A parent (or someone in the place of a parent, but not a teacher) is justified in using force against a child, as long as the force used is reasonable in the particular situation, only for these reasons:

  • to prevent or minimise harm to the child or another person (like if the child is about to touch a hot stove, or run onto a road), or
  • to prevent or stop the child engaging in criminal conduct, or
  • to prevent or stop the child engaging in offensive or disruptive behaviour (like carrying a child away from a situation they’re disrupting), or
  • to perform the normal daily tasks that are incidental to good care and parenting (like changing a nappy or giving a child medicine, even if they don’t want you to).

However, parents can’t use force “for the purpose of correction” – that is, to punish or discipline the child.

The police have the discretion to decide not to prosecute a parent for using force against a child if the offence is so inconsequential that it’s not in the public interest to bring charges.

Parents’ duty to report child abuse

Crimes Act 1961, ss 150A, 152, 195, 195A

Anyone who is over 18 and who is aware of child abuse occurring in their household must take reasonable steps to protect that child from death, serious harm or sexual assault. Parents and guardians also have a separate duty to protect children in their care from injury.

This means that adult victims of family violence, as well as people committing violence, are responsible for reporting child abuse, including the ‘psychological abuse’ of seeing or hearing family violence. For more information, see the chapter “Dealing with Oranga Tamariki / Ministry for Children”.

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Family violence and elder abuse

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Age Concern

www.ageconcern.org.nz

Age Concern provides a range of resources on aspects of life for older people including elder abuse.

Phone: (04) 801 9338 or 0800 65 2 105
Email: national.office@ageconcern.org.nz

Elder Abuse Response Service (EARS)

Helpline: 0800 32 668 65

With this confidential 24-hour, free-phone helpline, registered nurses will listen and provide information and support about elder abuse – whether the caller is calling on their own behalf or is concerned about a friend or family member. Callers will then be referred to local elder abuse services to get the help they need.

Family Court

www.justice.govt.nz/family/family-violence

This Family Court webpage provides pamphlets and other information giving an overview of how family violence is dealt with in the courts and how Protection Orders can help keep people safe from family violence. The website also provides information on responding to a Protection Order application.

You can access the pamphlets online, or you can order hard copies by contacting the Family Court on:

Phone: 0800 587 847
Email: publications@justice.govt.nz

Family Court family violence forms

These forms, and a guide for how to complete a Protection Order application, are available at www.justice.govt.nz/family/family-violence/protection-order-forms

Family Court fee waiver forms

These forms are available here:

www.justice.govt.nz/assets/Documents/Forms/application-for-waiver-individ-prev-waiver.pdf

Independent Police Conduct Authority

www.ipca.govt.nz

Postal Address: PO Box 5025, Wellington 6145

Phone: (04) 499 2050
Phone: 0800 503 728

Email: info@ipca.govt.nz

The IPCA receives and investigates complaints against the police. A complaint form is available online.

“Family violence” (Law Society pamphlet)

Available at: www.lawsociety.org.nz/about-us/about-our-publications/law-awareness-brochures

Access pamphlets online or order hardcopies from the New Zealand Law Society.

Phone: (04) 472 7837
Email: pamphlets@lawsociety.org.nz

Women’s Refuge

www.womensrefuge.org.nz

Women’s Refuge provides 24-hour support, advocacy and accommodation for women and their children experiencing family violence.

Crisis Line

Phone: 0800 REFUGE (0800 733 843)

Women’s Refuge provides a free phone line for people anywhere in New Zealand. Get information, advice and support about family violence as well as help in a crisis.

Fact sheets

A range of resources and fact sheets are available online.

Phone: (04) 802 5078
Email: info@refuge.org.nz

Family Violence – It’s Not OK

www.areyouok.org.nz

Phone: 0800 456 450

“It’s not OK” is a community-driven behaviour change campaign to reduce family violence in New Zealand. Its goal is to change attitudes and behaviour that tolerate any kind of family violence. The website has resources for families who are experiencing abuse. It’s not OK is an initiative housed within the Ministry of Social Development.

Family violence and disabled people

www.areyouok.org.nz/resources/free-resources/domestic-violence-and-disabled-people-accessible-formats

Family violence and migrant families

www.areyouok.org.nz/resources/free-resources/culture-no-excuse-for-abuse-english

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