Domestic Violence Lawyers in New Zealand

A specialisation of Criminal practice area

Domestic Violence in New Zealand

Domestic violence is a serious crime in New Zealand. It refers to abuse that happens within families or close relationships, and it can take many forms – physical harm, threats, emotional or psychological abuse, sexual violence, financial control, or neglect. Children are often the most vulnerable. When a child is hurt, neglected, or exposed to ongoing violence at home, this is considered child abuse and is treated with the utmost seriousness under the law.

What Counts as Domestic Violence?

Domestic violence is not limited to physical assault. It can include:

• Physical abuse – hitting, kicking, strangling, or throwing objects.
• Emotional abuse – threats, insults, humiliation, or intimidation.
• Financial abuse – controlling money or preventing access to resources.
• Child abuse – physical, emotional, or sexual harm to a child, or failing to provide proper care.
• Coercive or controlling behaviour – such as isolating a partner from friends and family.

Example: A partner who repeatedly punches or threatens their spouse with a weapon is committing family violence. A parent who regularly leaves a child without food, supervision, or safe shelter is committing child abuse.

How the Law Protects Victims

The Family Violence Act 2018 is the main law dealing with domestic and family violence. Victims can apply to the court for a Protection Order, which can:

• Stop the abuser from contacting or approaching the victim.
• Give the victim exclusive rights to remain in the family home.
• Protect children from being exposed to violence.

Example: In Police v R (a real New Zealand case), the court upheld a protection order after a father repeatedly threatened the mother in front of their children. The court found that exposing children to family violence can itself be a form of abuse.

What Happens in Court?

When domestic violence or child abuse cases go before the court, lawyers and judges carefully examine evidence such as:

• Police reports and 111 call records.
• Medical records showing injuries.
• Witness statements, including from neighbours, teachers, or family.
• Expert reports (e.g. psychologists, child specialists).

Example: In R v T, a man was convicted after medical evidence showed repeated injuries to his child that could not be explained by accidents. The court relied on expert medical testimony to prove the abuse.

Support Services

Victims of domestic violence and child abuse are not alone. New Zealand has many support services, such as:

• Women’s Refuge – safe housing and crisis support.
• Shine – a helpline for those experiencing family violence.
• Oranga Tamariki – protection and support for children at risk.
• Community Law Centres – free legal advice.

Key Takeaway

Domestic violence and child abuse are crimes, not private family matters. The law is designed to protect victims and children, and to hold offenders accountable. If you or someone you know is experiencing violence or abuse, it is vital to reach out for help and understand your rights under New Zealand law.