Victims' Orders Against Violent Offenders and Non-Contact Orders
The Victims' Orders Against Violent Offenders Act came into effect in December 2014. It provides the mechanism for a victim of a violent offence to obtain a Non-Contact Order against an offender. The offender must have been sentenced to imprisonment for two years or more. The application is made through the Civil Court (not the Family Court). Legal aid is available.
A Non-Contact Order can prohibit the offender from contacting the victim and also restrict the offender from living or working near the victim. It fills the gap between a Protection Order and a Restraining Order (which are different). A person cannot apply for a Non-Contact Order if the person already has a Protection Order or Restraining Order against that person.
“Victim” can include the victim’s spouse/partner, child or step-child, parent or grandparent or other member of the victims’ family, whanau or culturally recognised family group.
A Non-Contact Order can be applied for urgently if delay might entail undue hardship to the victim.
If the victim doesn’t know the full name or address of the offender then the court registrar can require the Police or Corrections to provide that information to the court registrar.
The victim is able to file a form requesting that their own details are kept confidential from the offender. The court may make a non-contact order if the court is satisfied that:
A Non-contact order lasts until:
The Order is automatically discharged if the offender’s conviction is quashed, substituted for a non-custodial sentence or a sentence for less than two years. It also lapses if it can’t be served though it is possible to ask for an extension of time for service.
A breach occurs if an offender does something prohibited by the order “without reasonable excuse”. The maximum penalty available is imprisonment up to two years and/or a fine not exceeding $5,000.00.
A Non-Contact Order can prohibit the offender from contacting the victim and also restrict the offender from living or working near the victim. It fills the gap between a Protection Order and a Restraining Order (which are different). A person cannot apply for a Non-Contact Order if the person already has a Protection Order or Restraining Order against that person.
“Victim” can include the victim’s spouse/partner, child or step-child, parent or grandparent or other member of the victims’ family, whanau or culturally recognised family group.
A Non-Contact Order can be applied for urgently if delay might entail undue hardship to the victim.
If the victim doesn’t know the full name or address of the offender then the court registrar can require the Police or Corrections to provide that information to the court registrar.
The victim is able to file a form requesting that their own details are kept confidential from the offender. The court may make a non-contact order if the court is satisfied that:
- there are on-going effects of the offending for the victim;
- the possibility of contact between the victim and the offender will be detrimental to the victim’s ability to manage those effects;
- the making of the order is reasonably necessary to avoid contact between the victim and the offender;
- taking into account all of the circumstances, the order is justified.
A Non-contact order lasts until:
- the expiry date the specified by the Judge, or;
- the expiry of two years (when the Judge hasn’t specified an date), or;
- it is discharged following a new application.
The Order is automatically discharged if the offender’s conviction is quashed, substituted for a non-custodial sentence or a sentence for less than two years. It also lapses if it can’t be served though it is possible to ask for an extension of time for service.
A breach occurs if an offender does something prohibited by the order “without reasonable excuse”. The maximum penalty available is imprisonment up to two years and/or a fine not exceeding $5,000.00.