Best Domestic Violence Lawyers in Dunedin

About Domestic Violence Law in Dunedin, New Zealand

Domestic violence in New Zealand is dealt with under a modern legal framework that uses the term family violence. Family violence covers physical, sexual, psychological, emotional, and financial abuse, and also includes neglect and controlling or coercive behaviours. Dunedin residents access the same national laws and court system as the rest of New Zealand, with local services and courts in the Otago region supporting safety, protection and legal processes. If you or someone you care about is at immediate risk, contact the police right away. For non-emergency support, local community services and national bodies can help with safety planning, advice and referrals.

Why You May Need a Lawyer

There are many situations where legal help is important in family violence matters. A lawyer can explain your rights, help you apply for protection orders, represent you in Family Court or criminal proceedings, advise on child custody and guardianship issues, assist with tenancy and property concerns, and help you access legal aid if you cannot afford private representation. Legal guidance is particularly valuable when evidence needs to be gathered and presented, when orders are disputed, when a partner is charged with an offence, or when immigration status, financial dependence, or parenting arrangements are involved. A lawyer can also help you understand the consequences of court orders and ways to enforce them if they are breached.

Local Laws Overview

Key legal points relevant for Dunedin residents include the following:

- Family Violence Act 2018: This statute replaced the previous Domestic Violence Act and provides the framework for protection orders, defines family violence broadly and supports victim safety and rehabilitation. Protection orders can include conditions restricting contact and requiring the respondent to stay away from a home or workplace.

- Protection orders: Victims, the police, or other eligible people or agencies can apply for protection orders through the Family Court. Orders can be interim while the court considers the full application, and can be made with or without a hearing in urgent cases.

- Police Safety Orders and police powers: Police can take immediate steps to keep people safe. This includes issuing temporary safety orders and arresting people for alleged offences. Police can also support applications for protection orders or apply on behalf of a victim.

- Criminal law: Acts of assault, threats, sexual offending, stalking, and harassment can be prosecuted under the Crimes Act and other statutes. Criminal charges and family courts are separate processes but can run in parallel.

- Family Court and care of children: The Family Court deals with applications involving children, including safety measures and parenting arrangements where family violence is a factor. If children are at risk, Oranga Tamariki - Ministry for Children may become involved to protect their welfare.

- Breach of orders: Breaching a protection order or police safety order is a criminal offence and can result in arrest and prosecution.

- Legal aid and community legal services: Legal aid is available for eligible applicants for certain types of family violence-related legal work. Community Law Centres and other local organisations provide advice and support to people who cannot afford private lawyers.

Frequently Asked Questions

What is family violence in New Zealand?

Family violence includes any behaviour that is abusive, threatening or controlling and occurs within a family, intimate or whānau context. It covers physical, sexual, psychological, emotional, and financial abuse, as well as neglect. The Family Violence Act 2018 provides the legal definition and framework for protection.

How do I get a protection order in Dunedin?

You can apply to the Family Court for a protection order. Applications are normally filed at the District Court that handles Family Court matters in Dunedin. The police can also assist or apply on your behalf in urgent situations. Courts can issue interim orders quickly if there is an immediate safety concern.

What is a Police Safety Order and how does it work?

A Police Safety Order is an immediate, short-term safety tool police can use when there is a serious concern for someone’s safety. It may require a person to leave premises and stay away for a limited period while longer-term safety or court steps are arranged. Police will advise you about the effect of the order and next legal steps.

Can I get legal aid to help with a protection order or court case?

Legal aid is available for eligible people who cannot afford a lawyer. Eligibility is means-tested and depends on the type of legal work needed. Legal aid can cover advice, representation in Family Court or criminal proceedings, and some other related services. You should apply through Legal Aid providers or ask a community law service to help.

What if the other person has been charged with a criminal offence?

Criminal proceedings are separate from Family Court protection order processes. The police and Crown Solicitor handle criminal charges. A lawyer can advise how criminal cases may affect Family Court matters and whether to seek protections or take part in criminal proceedings as a witness or victim.

Can protection orders cover children and pets?

Protection orders can include provisions that relate to the safety and care of children, and can also deal with access to the family home and personal property. While orders do not always explicitly mention pets, courts and agencies increasingly consider the safety of animals when making safety plans. If children are at risk, Oranga Tamariki may also become involved.

What should I do if a protection order is breached?

If a protection order is breached, contact police immediately. Breach of a protection order is a criminal offence that can lead to arrest and prosecution. Keep records of breaches, including dates, times and any witnesses, and pass that information to police or your lawyer.

Can immigration status affect my options or safety?

Immigration status can complicate a victim’s situation, but it does not remove your right to seek protection. There are specific services that can advise people on how family violence affects visas and residency. If you are not a New Zealand citizen, seek specialist legal advice about immigration and safety options as soon as possible.

What evidence is useful when applying for a protection order?

Useful evidence includes medical records and photos of injuries or damaged property, text messages and social media posts, emails, witness statements, police reports, and any prior history recorded by police or courts. A lawyer or support agency can advise on how to collect and present evidence securely.

What immediate steps should I take if I am unsafe but want to keep legal options open?

Prioritise your immediate safety - contact police if you are in danger, move to a safe location if possible, and contact Victim Support or local family violence services for assistance. Preserve evidence, document incidents, and get medical attention if needed. Contact a lawyer, community legal service or legal aid to discuss protection orders and next legal steps.

Additional Resources

If you need help or legal advice in Dunedin, consider contacting the following types of organisations and services. These organisations can offer advice, practical support, advocacy and referrals to legal help:

- New Zealand Police - for emergencies and safety interventions.

- Family Court at your local District Court in Dunedin - for protection order applications and court hearings.

- Oranga Tamariki - Ministry for Children - where children may be at risk.

- Victim Support - provides practical, emotional and advocacy support for victims of crime and family violence.

- Shine (formerly Women’s Refuge) and local family violence specialised providers - for safety planning and refuge services.

- Community Law Centres and the Otago Community Law service - for free or low-cost legal advice and clinics.

- Citizens Advice Bureau Dunedin - for practical information and referral.

- Legal Aid - administered through the Ministry of Justice - for assistance with funding legal representation where eligible.

- Local health services and emergency departments - for medical attention and documentation of injuries.

Next Steps

If you need legal assistance for a domestic or family violence situation in Dunedin, consider these steps:

- If you are in immediate danger, call the police now.

- Find a safe place and prioritise an immediate safety plan for you and your children or dependants.

- Gather and safely store any evidence you can - photos, messages, medical reports, and witness details.

- Contact a support organisation such as Victim Support, local family violence services or Shine for safety planning and practical help.

- Seek legal advice as soon as you can. If cost is a concern, contact a Community Law Centre or apply for legal aid to see if you qualify for funded legal help.

- If you want a protection order, speak to a lawyer or the court registry about making an application. The police can assist with urgent applications in many situations.

- Keep copies of all police reports, court documents and correspondence, and keep a detailed record of any incidents.

- Remember that every case is different. A lawyer experienced in family violence matters can explain your legal options, represent you in court, and help you achieve the best possible safety and legal outcome.

If you are unsure where to start, reach out to a local support agency or community legal service and ask for a confidential conversation about your situation and legal options.