Breaching Orders

In New Zealand, a Protection Order is a powerful legal shield, but its effectiveness depends on your understanding of how it is enforced. A breach occurs when the respondent (the person the order is against) does anything that the order forbids.

Here is what you need to know about navigating breaches, from the legal mechanics to your own safety.

1. What Constitutes a Breach?

A breach isn’t just physical violence. Under the Family Violence Act 2018, a breach occurs if the respondent:

Contacts you (text, call, social media, or through a third party) when the order has a “no contact” condition.
Comes near your house or workplace (stalking or loitering).
Damages your property.
Threatens or intimidates you (this includes DARVO tactics used to harass).
Encourages someone else to harass you (using “Flying Monkeys”).

Note on Non-Violence: Even if the respondent is being “nice” or “apologetic,” if the order says “no contact,” any message is a legal breach.

2. The Role of the NZ Police

The Police are responsible for enforcing Protection Orders. In New Zealand, the Police take breaches very seriously because they are a criminal offense.

Mandatory Arrest Policy: Often, if there is evidence of a breach involving violence or a high risk of harm, the Police have a policy to arrest the respondent to ensure immediate safety.
Criminal Charges: A breach is not a civil matter; it is a crime.
- First & Second Breach: Can lead to a prison sentence of up to 6 months or a fine.
- Third Breach (within 10 years): This is a serious offense carrying a maximum penalty of 3 years in prison.

3. How to Report a Breach (The “Sanity” Strategy)

Reporting a breach can feel daunting, especially if the respondent is using manipulation to make you feel guilty. Follow these steps to ensure the Police have what they need:

Safety First: If the respondent is present or you are in immediate danger, call 111. Tell the operator: “I have a Protection Order and the respondent is breaching it.”
Gather Evidence: Do not delete anything. Screenshot texts, save voicemails, and note down the date, time, and what happened.
The “55” Rule: If you call 111 and cannot speak, press 55 on your keypad so the operator knows it’s a silent emergency.
File a Report: If the breach is not an immediate physical threat (e.g., a text message), you can report it at your local station or via the 105 non-emergency line. Always get a Police Report Number.

4. The “Invitation” Trap (Protecting Your Sanity)

A common tactic used by abusers is to trick you into “permitting” a breach so they can later claim the order is invalid.

The Trap: They may text saying, “I miss the kids, can I just drop off some toys?” If you say “Yes,” you are not legally in trouble, but you are weakening the protection.
The Reality: Only a Judge can change or “vary” a Protection Order. Even if you “invite” them over, they are still technically breaching the law, but it makes it much harder for the Police to prosecute.
Your Action: If you want to change the conditions (e.g., for childcare), contact your lawyer to file a Variation of Order. Never do it informally.

5. Managing the “DARVO” Breach

When a respondent is served or arrested for a breach, they often use DARVO (Deny, Attack, Reverse Victim and Offender).

They may tell the Police you are the one harassing them.
They may claim you are “using the order as a weapon.”
Your Defense: Stick to the facts. Provide your log of incidents and your evidence. The Order exists because a Judge already determined there was a risk; the Police are there to enforce that determination, not re-litigate the relationship.

6. Support Services

You do not have to do this alone. If you are worried about the fallout of reporting a breach:

Women’s Refuge (0800 REFUGE): Can provide advocates to go to the Police station with you.
Shine (0800 284 863): Offers specialist support for navigating the justice system.
Victim Support (0800 842 846): Provides emotional and practical support during the court process.

Breaching a Parenting Order in New Zealand is different from breaching a Protection Order. While a Protection Order breach is a criminal offense (Police arrest), a Parenting Order breach is generally a civil matter (Family Court).

However, when family violence is involved, these two worlds often collide. Here is what you need to know about navigating “non-compliance” with parenting arrangements in NZ.

1. What is a “Breach” of a Parenting Order?

A breach occurs when a party “contravenes” the order without a reasonable excuse. Common examples include:

Withholding the child: Not dropping the child off for scheduled time with the other parent.
Late Returns: Repeatedly bringing the child back hours late.
Communication Breaches: Using the child to send messages or calling outside of agreed times.
Unapproved Travel: Taking the child out of the region or country without consent.

2. The “Reasonable Excuse” (The Safety Exception)

In New Zealand, the care and protection of the child is the paramount consideration. You may have a “reasonable excuse” to breach an order if:

You believe the child is in immediate physical or psychological danger.
The other parent is intoxicated or high when they arrive for pick-up.
The other parent has just breached a Protection Order or acted violently.

Crucial Advice: If you withhold a child for safety reasons, you should immediately notify your lawyer and, in many cases, the Police or Oranga Tamariki. You must be prepared to explain to a Judge why the risk outweighed the existing court order.

3. How to Deal with a Breach

If the other parent is the one breaching the order, you have several paths:

A. The Informal Route (Low Conflict)

If the breach is minor (e.g., being 15 minutes late), document it in your Communication Log. If you are using an app like OurFamilyWizard, the record is automatic.

B. The “Notice of Response” (Legal Route)

If the breaches are persistent, your lawyer can file an Application for Enforcement of Parenting Order. The Court can then:

Issue a formal warning.
Change the order (e.g., move to supervised handovers at a facility).
Order the breaching parent to pay a bond or undergo counseling.
In extreme cases, warrant the Police to pick up the child.

4. When Protection Orders and Parenting Orders Clash

This is the most “high-risk” area for survivors.

Safety Overrides Logistics: If a Protection Order is in place, the “Standard Conditions” usually forbid the respondent from hanging around your home. If the Parenting Order says “pick up from the front door,” the Protection Order takes precedence regarding safety.
The “No-Contact” Conflict: If the respondent uses “discussing the kids” as a way to send you abusive messages, they are likely breaching the Protection Order, even if they claim they are just “following the Parenting Order.”

5. Tactical Tips for Your Sanity

The “Neutral Zone”: If handovers are high-conflict, request a variation so that handovers happen at a Police station, a public library, or a supervised contact center.
Don’t “Self-Help”: Avoid changing the rules yourself without legal backing. If you decide to stop contact because of safety, file an Urgent Without Notice application to suspend the order. This shows the Judge you are respecting the legal process while prioritizing safety.
Document Everything: Keep a calendar. Mark “S” for successful handovers, “L” for late, and “B” for breach. This data is gold in the Family Court.

6. Urgent Safety: The “Warrant to Deliver”

If the other parent has taken the child and refuses to return them in breach of an order, you can apply for a Warrant to Deliver. This gives the Police the power to physically locate and return the child to you.

A Safety Log is one of the most powerful tools you can have. In court, “he said/she said” arguments are common, but a detailed, chronological log of events is much harder for an abuser to dispute. It provides the “burden of proof” needed for a judge to make a final Protection Order or restrict contact in a Parenting Order.

Safety Log Template

You can keep this in a hidden notebook or, more safely, in a locked note on your phone or a draft email that only you can access.

Date & Time	What Happened? (The Facts)	How did it make you feel?	Evidence/Witnesses
e.g., 23/01/26 4pm	Sent 15 texts after I told him not to contact me. Threatened to come to my work.	Scared, shaking, couldn’t focus on my job. Fearful for my safety.	Screenshots taken. Coworker (Jane) saw me upset.

Best Practices for Your Log

Be Objective: Focus on exactly what was said and done. Use quotes where possible (e.g., “He said, ‘You’ll regret leaving me’”).
Log “Micro-Breaches”: Even if it seems small (like an “accidental” drive-by of your house or a “like” on an old photo), log it. It shows a pattern of behavior and an intent to intimidate.
The “Impact” Column: This is crucial for psychological abuse cases. Describe the physical symptoms of your fear (nausea, heart racing, inability to sleep) to show the harm being caused.
Safe Storage: If you use a physical notebook, hide it somewhere the abuser would never look (like inside a tampon box or at a friend’s house). If using a phone, ensure your “Cloud” or “Photo Stream” isn’t shared with the abuser.

What Counts as Evidence?

Keep a digital folder (or a physical one at a safe location) containing:

Screenshots: Of every text, call log, or social media interaction.
Photos: Of injuries (take them from multiple angles and next to a coin for scale), broken property, or suspicious vehicles.
Recording: In New Zealand, it is generally legal to record a conversation you are a part of. If he is yelling or threatening you, and it is safe to do so, start a voice recording on your phone.
Police Event Numbers: Every time you call 111 or visit a station, ask for the “Event Number” and write it in your log.