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Prisoner's rights

Family matters

Protection Orders against prisoners

I have been served with a Protection Order in prison. What can I do?

Domestic Violence Act 1995, ss 76, 77

If you have been served with a “Temporary Protection Order”, you have 3 months to challenge it in Family Court or it will become permanent. Contact your local Community Law Centre or the New Zealand Law Society to find out about lawyers near you. You may be able to get legal aid to help you to challenge the order.

Can I still contact my children?

Domestic Violence Act 1995, s 16

You probably cannot contact your children until the Family Court says you can. Carefully check the documents that were served on you. If the child’s other parent or caregiver is protected by the Protection Order, the children living in that house will be too (even if they are not named on the Protection Order).

You should get legal advice before contacting your children, or you could be in breach of the Order.

End of Chapter

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Family matters

Where to go for more support

Community Law

www.communitylaw.org.nz

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

Also available as a book

Lag Law: Prisoner's Rights

Lag Law answers heaps of common questions you might have if you’re going to prison, you’re in prison, or you’re getting out of prison. It talks about your rights in prison, and sets out the laws and rules that affect you when you’re put in prison . 1 free copy for people in prison and the whānau of someone in prison. If that’s you, email laglaw@wclc.org.nz for your free copy

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