Family Violence Act of 2018, New Zealand
The Family Violence Act (the “FVA”) broadly defines family violence to include physical, sexual or psychological abuse by a person in a family relationship with the victim, which includes spouses (including domestic partners), family members or household members. The definition of family violence expressly includes dowry abuse. The object of the FVA is to stop and prevent perpetrators of family violence and to keep victims, including children, safe from family violence. The FVA establishes a number of orders which can be made against perpetrators of family violence: police safety orders, which are an temporary order of up to 10 days issued by police officers requiring the perpetrator to leave the premises and not contact victims; protection orders, which are court orders made on the application of the victim or their representative prohibiting family violence, contact with victims and possession of a weapon; and property orders, which are court orders giving the victim the right to occupy premises and possess and use furniture. If a policy safety order is not complied with, the District Court may extend the duration of a police safety order, or issue a temporary protection order. If a protection order or related property order is breached, the perpetrator can be jailed for up to 3 years. A party affected by a decision to make or refuse to make an order may appeal to the High Court against the decision. The FVA provides that, if a copy of an order, or a copy of a copy of an order, is made available to the officer in charge of a police station, police are to consider the exercise of powers under the Arms Act 1983, or the Search and Surveillance Act 2012, including revocation of a firearms license and the use of warrantless searches.
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Year
- 2024
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Jurisdiction