Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client needs protection from family violence and wants to apply for a Protection Order through the New Zealand Family Court. Family violence in New Zealand includes physical, sexual, and psychological abuse - including coercive control, intimidation, financial abuse, and threats. The client does not need to have suffered physical violence to qualify. A pattern of small, repeated acts that are coercive or controlling is itself family violence. This plan covers the most common pathway: a without-notice (urgent) application where the judge considers the matter immediately without the respondent being notified, resulting in a Temporary Protection Order. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Jurisdiction: New Zealand Family Court (all registries nationwide). This parent plan covers the without-notice (urgent) pathway. The on-notice pathway - used when the situation is not immediately urgent and the respondent is served before the hearing - is covered in the fork below. Verify current guidelines on the official Australia Government Portal. Access services via the .
Use this fork when the client's situation does not require an immediate without-notice application, or when a without-notice application has been converted to on-notice by the Judge. In an on-notice application, the respondent is served with the application and has the opportunity to file a defence before the Judge makes a decision. This pathway is less common in protection order matters but applies where the violence is not ongoing or there is no immediate risk. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
The Process at a Glance: The lawyer gathers evidence of family violence and completes the application form and supporting affidavit. The completed documents are filed at the nearest Family Court registry - there is no filing fee. A Family Court Judge reviews the application, usually within 24 to 48 hours, without the respondent being present. If satisfied, the Judge grants a Temporary Protection Order. The order is then served on the respondent by Police, who simultaneously demand surrender of any firearms and the respondent's firearms licence. If the respondent does not file a notice that they wish to be heard within three months, the Temporary Protection Order automatically becomes a Final Protection Order. The lawyer also assists the client with an immediate safety plan, advises on digital safety, and coordinates referral to appropriate support services and the free Family Court Kaiārahi navigator service. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Family Violence Act 2018 (FVA 2018) - primary legislation (in force 1 July 2019; replaced the Domestic Violence Act 1995). Key provisions: s 9 (definition of family violence - physical, sexual, psychological abuse; coercive control and patterns of behaviour explicitly included; children who witness violence are themselves victims of psychological abuse); s 12-16 (family relationship - covers spouses, de facto partners, family members, household members, persons in close personal relationships); s 79 (grounds - respondent has used family violence AND order is necessary for protection); s 80 (necessity test - court must give weight to applicant's own perception of risk); s 86-88 (scope of order - children of family automatically covered); s 90 (mandatory non-molestation conditions - loitering, threats, encouraging others included); s 91 (mandatory no-contact conditions); s 94 (written consent to contact by protected person - can be withdrawn anytime); s 95-104 (special conditions, including mandatory non-violence programme attendance for respondent); s 105 (breach - up to 3 years imprisonment for general breach; up to 6 months or $5,000 fine for failure to attend non-violence programme); s 107-s 109 (variation and discharge). Arms Act 1983 - where a Temporary Protection Order is in force the respondent's licence is automatically suspended; where a Final Protection Order is in force the respondent is disqualified from holding a firearms licence for 10 years (Police must revoke and seize). Crimes Legislation (Stalking and Harassment) Amendment Act 2025 - made consequential amendments to the FVA 2018 (verify current provisions on legislation.govt.nz). Legal Services Act 2011 - legal aid available. Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024 - from 17 October 2025, holders of a final protection order may apply for dissolution of marriage/civil union without the standard 2-year separation requirement (s 39A Property (Relationships) Act 1976). Key cases: note that Family Court proceedings are presumptively confidential and most decisions are suppressed; for reported cases search nzlii.org or Westlaw NZ. Applicable principles: courts give significant weight to applicant's perception of risk; cumulative patterns of coercive control constitute family violence without physical violence; abusive use of litigation is itself recognised as ongoing psychological abuse.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Protection Order Application (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.