Discharge of protection order
Q: I want to discharge the final protection order against me made by my ex partner in 2004. How long does the final protection order last for? What are my chances of having the protection order lifted?
A: There is no time limit on how long the protection order is for. It keeps in effect until it is discharged. Each case is determined on its facts but usually a protection order is not discharged lightly. Normally there needs to be a good length of time since the final protection order was made. Your family lawyer can help your parental rights by going through all the relevant factors. The timing of the application is another matter to be taken into account. The attitude of the victim is also important and that of the children.
Factors the Family Court may consider include :
The order was obtained by false or misleading evidence;
The applicant is now in a safe place;
A long period has elapsed since any domestic violence;
The respondent has successfully been through a non-violence or similar programme, has become a reformed character, and no longer poses any threat to the parties’ safety; Does the applicant understand the reasons for the protection order in the first place and have some insight?
One of the parties has shifted locality and the threat to safety has been clearly removed;
The abuser has formed a new relationship and now shows no interest in the former partner who was abused;
There has been a change in child care arrangements;
Are the victim’s real concerns prompted by the victim’s own obsessions rather than the conduct of the respondent?
Children’s views( these are usually requested from the re appointment or appointment of the lawyer for child); and
(11) What are the reasons for the applicant wanting wanting the order discharged?
The Family Court will normally want to hear your views as the father and that of the mother in person.
Jeremy Sutton is a specialist family lawyer and can apply to discharge your protection order by calling him free 24 hours on 0800 486 267 or email me on jeremy@jeremysutton.co.nz
