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Prisoner's Rights

Family matters

Getting a Protection Order

What can I do to protect myself from my ex-partner (or other people) once I leave prison?

First, remember that all assaults and threats of violence are crimes. If you are being threatened you can make a complaint to the police.

You can also apply for a Protection Order through the Family Court.

What is a Protection Order?

Domestic Violence Act 1995, s 19

A Protection Order is a Family Court order requiring an ex (or another person who you have been in a close relationship with and who has been violent to you) to stop the violence and stop contacting you.

Can I get a Protection Order while I am in prison?

Yes, you can find a family lawyer and apply for legal aid for them to help you to apply for a Protection Order before leaving prison.

For more information, see “Applying for a Protection Order” in the “Family violence and elder abuse” chapter of the Community Law Manual or contact a Community Law Centre

Can I get a Protection Order for my children?

Domestic Violence Act 1995, ss 2, 7, 16

Yes, if you are concerned that a child is in danger from their caregiver, you can apply for a Protection Order to stop the caregiver from having contact with the child.

You can find a family lawyer and apply for legal aid for them to help you to apply for a Protection Order.

For more information, see “What a Protection Order does” in the “Family violence and elder abuse” chapter of the Community Law Manual or contact a Community Law Centre

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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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