Evidence for Protection Orders

Bringing the Judge into the Room: A Survivor’s Guide to Evidence

In the New Zealand Family Court, a Judge needs to be satisfied of two things to grant a Protection Order:

That domestic violence has occurred (or is occurring).
That an order is necessary for the ongoing protection of you and your children.

As the saying goes: “The Judge wasn’t in the room, so your evidence has to bring the Judge into the room.” In the Family Court, the standard of proof is the Balance of Probabilities—you only need to show it is more likely than not that the violence happened.

1. The Three Types of Evidence

A. Your Affidavit (The Core)

This is your sworn written story. It is the most important document you will file.

Be Specific: Instead of saying “he is controlling,” say “On Tuesday 14th January, he checked the mileage on my car and demanded to know why I had driven an extra 5km.”
Use the “Three Ws”: Who was there? What exactly was said? (use the actual slurs or threats). When did it happen? (Use “Time Anchors” like “The night of the school prize-giving” if you don’t have a date).

B. Physical & Digital “Exhibits”

These are the “receipts” that prove your story is true.

The Digital Trail: Screenshots of obsessive texting, call logs showing 50+ missed calls, or abusive emails.
Lethality Evidence: Photos of injuries (bruises, scratches). Pro-tip: Take photos next to a coin for scale and retake them over 3 days as bruises change color.
Property Damage: Photos of holes in walls, smashed phones, or broken doors. This proves “loss of control” and intimidation.

C. The Official Paper Trail

These are the strongest forms of evidence because they are generated by the state.

Police Reports (51s): Even if no one was arrested, every Police visit generates a report. Your lawyer can request these.
Medical Records: Notes from your GP or A&E. Clinical notes about “stress” or injuries are vital objective proof.
School/Daycare Reports: Observations from teachers about your child’s anxiety or behavioral changes.

2. Proving “Coercive Control” & “Necessity”

Under the Family Violence Act 2018, you don’t need a black eye to get protection. You need to show a pattern of behavior. Highlight these “Red Flags” in your application:

Financial Control: Being denied access to money or having your spending “audited.”
Isolation: Being stopped from seeing family, work, or doctors.
High-Lethality Markers: Specifically mention Strangulation (choking), Threats to Kill, or Access to Weapons. These are massive legal “red flags” for a Judge.

3. THE EVIDENCE LOG (Confidential)

Use this log to “weave” your story. Keep it in a hidden cloud folder or a secret email (e.g., sunsetvillas2026@gmail.com).

Section 1: Digital & Atmospheric Trail

Date & Time	What was said/done?	How did it make you feel?	Proof (Screenshot #)
Ex: 10/02/26	Parked outside my gym for an hour	Terrified; felt watched	Gym swipe log

Section 2: Physical & Property Harm

Date & Time	Description of Injury/Damage	Who else saw it?	Photo/Medical Record
Ex: 12/02/26	Bruising on arm; smashed phone	My sister	Photo in Cloud

4. Safety & The “Without Notice” Application

If you are in immediate danger, your lawyer can file “Without Notice.” This means the Judge makes a Temporary Protection Order immediately, without telling the abuser first.

To get this, your evidence must show:

That any delay would cause “undue hardship” or a risk of harm.
That if the abuser finds out about the application, they will likely escalate the violence or hide the children.

5. Where to get Free Help

Legal Aid Lawyers: If you are on a low income, you can get a free lawyer to file your Protection Order.
Community Law Centers: For free legal advice on how to frame your evidence.
Safe and Sane NZ: Use our National Resource Directory to find the specialist Economic Harm contacts at your bank to secure your money while you file.
Use advanced AI tools like Claude to help draft your affidavit or court submissions. These tools are used by many New Zealand law firms in 2026 to work more efficiently and reduce legal costs, which can be a major relief during a stressful time. See more information below –Using AI to Help Tell Your Story.

A Message for Your Lawyer:

“This log and the attached exhibits represent a pattern of coercive control. This documentation supports the ‘necessity’ of a Protection Order under the Family Violence Act 2018.”

WHAT IS EVIDENCE?

In New Zealand, the Family Violence Act 2018 recognizes that abuse isn’t just physical—it’s often a “web” of behaviors designed to control you. Because of this, “evidence” can be much broader than most people realize.

Here is a comprehensive list of what evidence can look like, categorized by the type of harm it proves.

1. Digital & Communication Evidence

This proves harassment, stalking, and psychological abuse.

Screenshots of Text/WhatsApp: Abusive messages, “checking-in” 20 times a day, or threats to self-harm if you leave.
Call Logs: Evidence of “phone bombing” (excessive missed calls in a short window).
Social Media Activity: Comments made on your posts, or evidence of them using a “fake” profile to follow you.
Location Tracking: Screenshots showing, they knew where you were (e.g., “I saw your car at the mall”) when you hadn’t told them your location.
Email History: Abusive emails or “love-bombing” emails meant to manipulate you after an incident.

2. Financial & Economic Evidence

This proves Economic Abuse, which is now a legal ground for a Protection Order in NZ.

Bank Statements: Showing you were denied access to funds, or that your partner moved all the money out of a joint account.
Transaction “Audits”: Notes or texts from them demanding receipts for tiny purchases (like milk or bread).
Forced Debt: Evidence of loans or credit cards taken out in your name without your true consent.
Work Interference: Texts or emails from your boss regarding the partner showing up at work or causing you to miss shifts.

3. Physical & Environmental Evidence

This provides objective proof of intimidation and physical harm.

Photographs of Injuries: Bruises, red marks, or scratches. (Take these over 3 days as bruises change color).
Property Damage: Photos of holes in walls, smashed phones, broken kitchen chairs, or “torn” clothing.
“Security” Footage: Clips from Ring doorbells or home security cameras showing aggressive behavior or loitering.
Medical Records: Clinical notes from your GP, Midwife, or A&E. Even if you didn’t say it was DV at the time, notes about “unexplained bruising” or “high anxiety/panic attacks” are vital.

4. The “Paper Trail” (Official Records)

These are high-value because they are generated by independent third parties.

Police Family Harm Reports (POL 158): Every time Police attend your home, they create a report. These prove a history of volatility.
Police Safety Orders (PSOs): If a PSO was issued for 5 or 10 days, this is a major piece of evidence for “necessity.”
School/Daycare Notes: Letters or emails from teachers noting that your child’s behavior changed or they seemed scared.
Diary/Log Entries: A record of incidents (Date, Time, What happened). Note: Only keep this if it is 100% safe to do so.

5. Third-Party Observations

Validation from people who saw the “mask slip.”

Witness Affidavits: Sworn statements from neighbors who heard screaming, or friends who saw you being belittled or intimidated.
Employer Notes: A letter from your HR department regarding the use of “Domestic Violence Leave” or incidents at the workplace.

Strategic Advice: The “Evidence Bundle”

When you present this to a lawyer or the Court, don’t just provide one thing. Weave them together. For example:

“I felt intimidated (Affidavit), which is supported by the photo of the broken door (Photo) and the 45 missed calls I received that afternoon (Digital Trail).”

THE EVIDENCE LOG: Building Your Case

Confidential Document | Prepared by Safe and Sane NZ

How to use this log:

1. Be Stealthy: Do not keep this on a shared computer or a phone your partner can access. Use a hidden “Cloud” folder or a physical notebook kept at work or with a friend.

2. Be Specific: Use the actual words used. If they used a slur or a specific threat, write it exactly as it was said.

3. Backup: Email screenshots to a secret email address (e.g., sunsetvillas2026@gmail.com) that has no connection to your name.

Section 1: The Digital Trail

(Texts, Emails, Social Media, Call Logs)

Date & Time	Platform	What was said/done?	Where is the proof?
Ex: 10/02/26 9pm	WhatsApp	Threatened to come to work and “cause a scene”	Screenshot #1

Section 2: Physical & Property Evidence

(Injuries, Broken Items, Holes in Walls)

Date & Time	Description of Harm/Damage	Who else saw it?	Photo/Medical Record
Ex: 12/02/26	Bruising on upper arm; broken kitchen chair	My sister saw the chair	Photo saved in “Cloud”

Section 3: The “Atmospheric” Events

(Stalking, Isolation, Financial Control, Fear)

Date & Time	Event / Behavior	How did it make you feel?	Any “Time Anchors”?
Ex: Wed morning	Parked outside my gym for an hour	Terrified; didn’t go inside	Gym swipe-tag log

Section 4: High-Lethality Markers (The “Red Flags”)

If any of the following happen, note them here immediately and call for support.

Hands on neck (Strangulation/Choking)
Threats involving weapons or household objects
Threats to hurt children or family pets

Date	Specific Detail of the High-Risk Event

A Message for Your Lawyer/Advocate:

“This log represents a pattern of coercive control. Each entry is backed by digital or physical evidence held by the applicant. This documentation supports the ‘necessity’ of a Protection Order under the Family Violence Act 2018.”

This Safe Storage Checklist is designed to help you collect and keep evidence without an abuser knowing. In 2026, technology is often used to track victims, so these “stealth” methods are your best defense.

1. The Digital “Disguise” Strategy

If your phone is being monitored, do not save evidence in your main photo gallery or notes app.

The “Bright Sky NZ” App: This is a free, safe app (available on App Store and Google Play). It has a secure journal feature that allows you to record photos, text, and voice memos. Crucially, nothing is stored on your phone—it is sent to a safe email address you choose and then stays off your device.
Samsung “Secure Folder”: If you have a Samsung, use the Secure Folder. It is a password-protected space that is separate from the rest of your phone. You can even hide the icon so it doesn’t appear in your app list at all.
iPhone “Hidden Folder” (iOS 18/26): * Select your evidence photos, tap the three dots, and choose “Hide.” * In your Albums, scroll down to “Hidden.” You can now lock this folder with FaceID or a Passcode so only you can open it.
The “Calculators” & “Vaults”: There are apps in the store that look like a working calculator but open a secret photo vault when you type in a specific code (e.g., “Private Photo Vault”).

2. The “Shielded Site” Portal

Many NZ websites (The Warehouse, Countdown, Trade Me, and most Government sites) have a Shielded Site icon at the bottom of the page.

How it works: When you click it, a window pops up that allows you to contact Women’s Refuge or read safety info.
Why it’s safe: It leaves no trace in your browser history. Even if your partner checks your “History,” they will only see that you were looking at groceries or Trade Me.

3. The “Sunset Email” Trick

Create a brand-new email address that has nothing to do with your name (e.g., blue-mountain-hike@gmail.com).

The Rule: Only access this email from a “safe” device (a library computer, a work phone, or a friend’s tablet).
The Action: Email your screenshots, photos of injuries, and bank statements to this address.
Clean Up: If you sent the email from your own phone, immediately delete it from your “Sent” folder and your “Bin.”

4. Physical Evidence Safety

If you are keeping physical evidence (a diary, broken items, or printed statements):

Do not keep them at home. Store them at your workplace, in a locked locker at the gym, or with a trusted friend/neighbor.
The “Cloud” Backup: If you have a physical diary, take a photo of each page and upload it to your “Sunset Email” or “Secure Folder,” then destroy the paper if it’s no longer safe to keep.

5. Tech Safety Red Flags

Cloud Syncing: Check if your photos are automatically syncing to a shared iCloud or Google Photos account. Turn off “Sync” for any folders containing evidence.
Shared Passwords: If your partner knows your Apple ID or Google password, they can see your location and messages from their device. Change these passwords only when you are in a safe location and ready to leave.
Search History: Always use “Incognito” or “Private Browsing” mode when researching Protection Orders or divorce.

Using AI to Help Tell Your Story

Writing an affidavit or an application for a Protection Order can be emotionally exhausting and technically difficult. To help you get started, we suggest using Claude (AI) as a drafting partner. You can provide Claude with your raw notes or a timeline of events and ask it to help you organize them into a clear, chronological draft for a legal document. This can save you hours of stress and help ensure you don’t miss important details when talking to a lawyer. However, safety is paramount: When using AI, never include your full name, home address, or specific identifying details in the prompt—keep your descriptions factual but anonymous. Once you have a draft, review it carefully to ensure it is 100% your truth, then take that draft to your lawyer or a community law center to be finalized for the Family Court.

Tips for your users on how to prompt Claude safely:

If you’re going to recommend this on the site, you might want to include a few “Safe Prompting” tips to ensure the AI gives them the best result:

The “Drafting” Prompt: “I am applying for a Protection Order in NZ. I have a list of incidents in no particular order. Can you help me put these into a chronological timeline that is clear and factual for a legal affidavit?”
The “Clarity” Prompt: “I have written a statement about an incident of psychological abuse. Can you help me remove any emotional ‘filler’ and focus on the specific behaviors and actions, so it is ready for a court document?”
The “Identify the Gaps” Prompt: “Here is my draft for a Protection Order application. Based on New Zealand’s Family Violence Act 2018, are there any key areas I should provide more detail on, such as frequency or the impact on my children?”

Note on Privacy: Reminder that while Claude is secure, you should treat any online tool as a “public-adjacent” space. Using phrases like “The Respondent” instead of the abuser’s name and “The Applicant” instead of your own name is a best-practice safety measure.

Step-by-Step Guide: Using AI to Draft Your Statement Safely

Step 1: Prioritize Your Digital Safety

Before you begin, ensure your digital environment is secure.

Private Browsing: Use “Incognito” or “Private” mode so the search history isn’t saved.
Anonymize the Data: Do not type your real name, the abuser’s name, your address, or your children’s names into the AI. Use placeholders like “The Applicant” (you), “The Respondent” (the abuser), and “Child A/Child B.”
Secure Logins: Ensure your Claude account has a strong password that the other party does not know.

Step 2: Gather Your Raw Notes

Don’t worry about grammar or order yet. Use a notebook or a separate document to jot down:

Dates (approximate is okay).
What happened (the specific behavior).
How it made you/the children feel (the impact).
Any evidence you have (texts, photos, witnesses).

Step 3: Use the “Structure” Prompt

Open Claude and give it a clear role. You want it to act as a legal drafting assistant.

Sample Prompt: “I am applying for a Protection Order in New Zealand under the Family Violence Act 2018. I have raw notes about several incidents. Can you help me organize these into a chronological timeline that is clear, factual, and suitable for a legal affidavit? Please use ‘The Applicant’ and ‘The Respondent’ instead of names.”

Step 4: Feeding the Information

Provide your notes in small batches.

Example: “On Oct 12, he smashed a plate and blocked the exit while I was holding the baby. I felt terrified. On Nov 5, he sent 40 texts in one hour calling me names.”

Claude will take these and turn them into a professional format:

“On or about 12 October 2026, the Respondent engaged in physical intimidation by destroying property and restricted the Applicant’s movements by blocking the exit…”

Step 5: Refining for “Psychological Violence”

In NZ, psychological abuse (name-calling, financial control, blame-shifting) is a major part of the law. Use Claude to highlight these patterns.

Sample Prompt: “I am worried about the psychological abuse I’ve experienced. I’m going to describe a few conversations. Can you help me identify the specific behaviors (like gaslighting or coercion) and describe them in a way that shows the pattern of control?”

Step 6: Review for Accuracy (Crucial)

The AI is a tool, but it is not perfect. It may occasionally “hallucinate” details.

Check the dates: Did the AI get the year right?
Check the tone: Does it still sound like your truth?
Check the facts: Did it accidentally add a detail (like a weapon or a specific word) that wasn’t actually there? If it isn’t 100% true, delete it.

Step 7: The Final Handover

Once you have a draft you are happy with, copy it into a Word document.

Add the real names: Swap “The Respondent” for the person’s actual name.
Take it to a Lawyer: Do not file the AI draft directly. Give it to your lawyer, a community law center, or a domestic violence advocate. Tell them: “I used AI to help me organize my thoughts and create this draft. Can you please review this for legal accuracy and help me file it?”

Why this helps you:

Reduces Legal Fees: Presenting your lawyer with a clear, chronological draft saves them hours of work, which saves you money.
Emotional Distance: Seeing your experiences written in a factual, “clinical” way can sometimes help you process the trauma with a bit more distance.
Clarity for the Judge: Judges prefer affidavits that are clear, grouped by date, and focus on specific behaviors rather than vague feelings.

If you are in immediate danger, please call 111. Using AI is for documentation and legal preparation, but your physical safety comes first.