Staying Safe and Sane

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Police Safety Orders

In New Zealand, a Police Safety Order (PSO) is an immediate, short-term tool used by the Police to provide a “cooling-off” period. Unlike a Protection Order, which goes through the Family Court, a PSO is issued on the spot by a police officer if they believe there is a risk of family violence.

1. The Basics of a PSO

  • Duration: A PSO can last for any period specified by the Police, up to a maximum of 10 days.
  • Consent: The Police do not need your consent to issue a PSO. Even if you don’t want it, they can issue one if they believe it is necessary for your safety or the safety of children in the home.
  • Immediate Effect: The order starts the moment it is served on the “bound person” (the abuser). Police can detain the person for up to 2 hours to issue and serve the order.

2. What the Abuser Must Do

Once a PSO is served, the bound person must:

  • Leave the Home: They must vacate the property immediately, even if they own it or are the only person on the tenancy agreement.
  • No Contact: They cannot contact you in any way—no texts, calls, social media messages, or having friends contact you on their behalf.
  • Surrender Weapons: They must immediately hand over all firearms and their firearms license to the Police.
  • Children are Protected: Any children living with you are automatically covered. Existing parenting orders or custody agreements are suspended while the PSO is active.

3. What Happens if They Breach It?

If the person comes back to the house, contacts you, or threatens you while the PSO is active, you must call 111 immediately.

  • Arrest: Police can take them into custody and bring them before a District Court Judge.
  • Consequences: While breaching a PSO is not a criminal offense in itself (it won’t give them a criminal record), the Judge has the power to:
    • Issue a new PSO for another 10 days.
    • Issue a Temporary Protection Order (if you do not object).
    • Charge them with any other crimes committed during the breach (e.g., assault or trespass).

4. Using the “Window of Time”

The 10-day limit is designed to give you space to breathe and plan without the abuser’s presence.

  • Support Referral: When a PSO is issued, the Police will refer you to a specialist support agency (like Shine or Women’s Refuge). They will contact you to help with a safety plan.
  • Apply for a Protection Order: If you want long-term protection, you should use the PSO period to talk to a lawyer and apply for a Protection Order through the Family Court before the PSO expires.

Important Note for the Victim

A PSO is a one-way order. It places all legal requirements on the abuser, not you. However, for your safety, you should avoid contacting them or inviting them back into the house until the order has officially lapsed, as this can confuse the legal situation and increase your risk.