I need advice regarding seperation, protection orders and custody, Marlborough, New Zealand, None, No

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

How may I help?

What are your questions?

You can if you want, defend that application for the protection order

If she applies you file a notice of defence in the Family Court, but there may be an order in place for a period when you cannot contact her

Do you think she wants to stay in the family home?

If she is applying for a protection order she may also apply for an occupation order to enable her to live there, and you would need to leave

You can move out and start to negotiate parenting and property issues.

You cannot stop her but you can defend it. It will mean you cannot talk or phone or message her until the order expires

It isn’t a criminal record unless you breach the order. A breach of a protection order is a criminal matter.

If the order is served on you you must file a notice of defence. Has there been any incident of physical violence?

It will take a few months to sort out a defence

It all depends on the grounds for the protection order, and what is alleged

Then you should tell her that, and say you will stay away and tell her she doesn’t need a protection order.

Yes

Keep the message factual. Just tell her the steps you have taken and that you won’t contact her unless she asks

Have you tried any counselling?

Why does she say that?

I assume you have been arguing?

We’re there any threats?

All you can do is tell her you are moving out and won’t contact her unless she asks

Then move out and tell her she can move back

Of course but as I mentioned you can defend the order to get your say

Start the mediation process now by contacting a provider like Fairway

Fairway will be open on Monday

Only if she has attacked or threatened you