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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Protection orders

123B: Protection order

You could also call this:

"A court order to keep you away from someone you hurt to keep them safe"

Illustration for Sentencing Act 2002

If you commit a family violence offence, the court can make a protection order against you. This happens if there is no current protection order to keep you away from the victim. The court must think the order is necessary to protect the victim.

The court can make this order if the victim does not object to it. You can get a protection order even if you are already getting a sentence for the offence. A protection order can be made even if the victim has already started family violence proceedings against you.

If the court makes a protection order in this situation, the family violence proceedings about the protection order will stop. The protection order is made under the Family Violence Act 2018. The court's decision is to help keep the victim safe from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3051172.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportFamily and relationships > Children and parenting
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123A: Interpretation of terms used in this section and sections 123B to 123H, or

"What special words mean in these law sections"

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123C: Provisions applying to protection order made under section 123B, or

"Rules that apply to special protection orders to keep you safe"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Protection orders

123BProtection order

  1. This section applies if—

  2. an offender is convicted of a family violence offence; and
    1. there is not currently in force a protection order against the offender made under the Family Violence Act 2018 for the protection of the victim of the offence.

      1. The court may make a protection order against the offender if—

      2. it is satisfied that the making of the order is necessary for the protection of the victim of the offence; and
        1. the victim of the offence does not object to the making of the order.

          1. A protection order may be made under this section in addition to imposing a sentence or making any other order.

          2. An order may be made under subsection (2) even though family violence proceedings have been filed by the victim of the offence against the offender, and those proceedings have not yet been determined.

          3. If an order is made under subsection (2) in the circumstances described in subsection (4), the family violence proceedings, in so far as they relate to an application for a protection order against the offender, end.

          Notes
          • Section 123B: inserted, on , by section 4 of the Sentencing Amendment Act (No 2) 2009 (2009 No 44).
          • Section 123B(1)(a): amended, on , by section 64(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).
          • Section 123B(1)(b): amended, on , by section 64(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).
          • Section 123B(4): amended, on , by section 64(3) of the Family Violence (Amendments) Act 2018 (2018 No 47).
          • Section 123B(5): amended, on , by section 64(4) of the Family Violence (Amendments) Act 2018 (2018 No 47).