Best Assault & Battery Lawyers in Feilding

About Assault & Battery Law in Feilding, New Zealand

Assault and battery are terms people commonly use to describe physical violence and threats of violence. In New Zealand law the concept is mainly covered by offences under the Crimes Act 1961 and related legislation. In everyday practice people in Feilding who are victims or who are accused of assault will deal with local police, the District Court and possibly specialist services such as Victim Support or family-violence agencies. Cases range from low-level common assault matters resolved in the District Court to more serious offending that can result in higher charges and penalties.

Why You May Need a Lawyer

There are several common situations where a lawyer can help if you are involved in an assault matter in Feilding:

- You have been charged with assault and need representation in court to protect your rights and present your defence. A lawyer will advise on plea options, possible defences and likely outcomes.

- You are a victim and want to ensure the police investigation is thorough, to apply for protection orders, or to prepare a statement and evidence for court.

- You face related criminal issues such as family violence allegations, breaches of protection orders, or concurrent criminal charges that complicate your case.

- You need advice about bail, police interviews, or how a criminal record may affect your employment, travel or other rights.

- You are considering restorative justice or diversion and want to understand how these options work and whether they are suitable.

Local Laws Overview

Key aspects of New Zealand law that are especially relevant to assault matters in Feilding include:

- Offences and charging - Assault-type offending is prosecuted under the Crimes Act and can include common assault, assault causing injury, wounding, or more serious charges where grievous bodily harm is alleged. Police in Feilding investigate and forward matters to the prosecution if charges are warranted.

- Summary versus indictable - Less serious assaults are usually dealt with in the District Court as summary offences. Serious matters may be indictable and heard in higher courts, sometimes with juries for more serious charges.

- Police powers - Police can arrest, detain for questioning, and in family-violence situations use immediate safety measures. They may also issue Police Safety Orders in urgent situations to protect victims.

- Protection orders - People at risk can seek protection orders from the Family Court or District Court. Protection orders can include no-contact conditions and other restrictions on the respondent.

- Sentencing options - Where a person is convicted the court can impose a range of outcomes including fines, community-based sentences, supervision, restorative justice orders, and imprisonment for more serious offending. Courts can also impose conditions such as no-contact orders.

- Victim rights - Victims have rights to be kept informed about progress of prosecutions, to provide impact statements, and to access support services such as Victim Support or specialist family-violence services.

Frequently Asked Questions

What is the difference between assault and battery in New Zealand?

In New Zealand criminal law the term battery is not commonly used as a separate offence. The law focuses on assault and related offences which cover unwanted or unlawful force, threats, and acts causing injury. Practically the public may say battery to mean physical hitting, but police and courts will charge under assault-related provisions.

What should I do if the police want to interview me about an alleged assault?

You should be aware of your right to legal advice and your right to remain silent. Ask for a lawyer before answering substantive questions. A lawyer can be present during interviews, advise you on how to respond, and ensure police follow proper procedure. If you need legal representation and cannot afford it you can ask about legal aid.

What steps should a victim take after an assault in Feilding?

Seek immediate safety and medical attention first. Report the incident to Feilding Police if you want it investigated. Preserve evidence where possible - photographs of injuries, torn clothing, messages, CCTV, witness details, and medical records. Contact Victim Support or local family-violence services for practical and emotional assistance and to learn about protection orders.

Can the police drop charges in an assault case?

Yes. The decision to charge or to continue a prosecution is made by the police and Crown prosecutors based on available evidence and public interest considerations. Victims can express their wishes but they do not control the prosecution. If evidence is weak or not available the Crown may decide not to proceed.

Will an assault conviction mean I will go to prison?

Not necessarily. Outcomes depend on the seriousness of the offending, prior convictions, and other circumstances. Less serious cases may result in fines, community sentences, or diversion. More serious offending, particularly where significant injury or intent is proven, can lead to imprisonment. A lawyer can advise about likely outcomes for your particular case.

How long does an assault case usually take to resolve?

Timeframes vary widely. Summary matters in the District Court may be resolved in weeks or months. More complex or indictable matters can take many months, and sometimes over a year, especially if there are pre-trial hearings, psychiatric assessments, or a trial. Delays can occur for reasons such as court availability and disclosure processes.

What is a protection order and how do I get one in Feilding?

A protection order is a court order that restricts a person from contacting or approaching someone who is at risk. You can apply to the Family Court or District Court for a protection order. Courts can issue interim orders quickly where there is immediate risk. Police can also take urgent steps to protect victims. A lawyer or Victim Support can help with the application process.

Can I use restorative justice in an assault case?

Restorative justice may be available for certain cases, particularly where the offending is less serious and the victim and offender both agree to take part. It focuses on acknowledging harm, making amends, and repairing relationships where appropriate. It is not suitable for all matters, especially where there is ongoing risk or serious injury.

How does legal aid work for assault cases?

Legal aid is available to people who meet means and merit tests. If you cannot afford a lawyer, you may apply for legal aid through the Ministry of Justice. Eligibility depends on your income, assets, and whether your case is likely to succeed or requires representation to protect your rights. Legal aid can cover police interviews, representation in court, and other legal services.

What evidence do courts look for in assault cases?

Common forms of evidence include witness statements, medical records and clinician reports, photographs of injuries and the scene, CCTV or dash-cam footage, text messages or social media communications, police statements, and forensic evidence. Consistent and contemporaneous evidence tends to be more persuasive. A lawyer can help collect and present evidence effectively.

Additional Resources

Local and national organisations that can help people in Feilding with assault matters include:

- Feilding Police - report crimes, get immediate assistance and safety responses.

- Victim Support - provides practical help, information and emotional support for victims of crime.

- Citizens Advice Bureau - can provide general information about rights and local services.

- Community Law Centres - local Community Law services or clinics offer free legal advice and help with documentation.

- Ministry of Justice - information on courts, legal aid and the criminal justice process.

- New Zealand Law Society - helps with finding a lawyer or making a complaint about a lawyer if needed.

- Family-violence support services and crisis accommodation providers - for people at immediate risk from household or partner violence.

Next Steps

If you need legal assistance in Feilding for an assault matter follow these steps:

- Ensure immediate safety - if you or someone else is in danger call the police right away.

- Get medical care - record injuries and get medical reports if relevant.

- Preserve evidence - note dates, times, witness names, messages, photographs and any physical evidence.

- Contact support services - Victim Support or local family-violence agencies can provide practical help and guidance.

- Seek legal advice early - contact a criminal defence lawyer if you are accused, or a lawyer experienced in victim representation if you are a complainant. Ask about legal aid if you cannot afford a lawyer.

- Consider protection orders if you are at risk - a lawyer or Victim Support can help you apply and explain options such as interim orders or Police Safety Orders.

- Keep records of all interactions with police and court agencies, and follow up promptly on any notices or court dates.

Getting the right advice early improves outcomes and helps protect your rights, safety and long-term wellbeing. If you are unsure where to start contact Feilding Police or a local community legal service to get immediate direction about your situation.