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

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Customer: I need advice regarding seperation, protection orders and custody
JA: What state are you in? It matters because laws vary by location.
Customer: Marlborough, New Zealand
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Chris The Lawyer in 11 mins 12 months ago
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Chris The Lawyer
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Chris The Lawyer
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10+ years of experience
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Chris The Lawyer
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41342 Satisfied customers

Jessica

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Chris The Lawyer, Expert

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.

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Chris The Lawyer, Expert

How may I help?

Customer
Hi Chris
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Chris The Lawyer, Expert

What are your questions?

Customer
My wife is separating from me and I think that she may be getting a protection or restraining order against me
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Chris The Lawyer, Expert

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

Customer
What are the options and how does it work
Customer
We haven't even have any contact in the last 2 days. She only seperated in the last week
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Chris The Lawyer, Expert

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

Customer
We haven't even make any arrangements regarding the house or the kids. She just put me out of the house and I haven't had contact yet in the last two days. I don't really know where she and the kids are. I think they might be with a friend
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Chris The Lawyer, Expert

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

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Chris The Lawyer, Expert

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

Customer
she wants to stay there
Customer
I have already given her back my keys and agreed that she can change the locks
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Chris The Lawyer, Expert

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

Customer
but I can't stop her from getting the protection order.
Customer
What implications will it have for me
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Chris The Lawyer, Expert

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

Customer
Would it place any criminal or other records on my name
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Chris The Lawyer, Expert

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

Customer
How long would it be in force? How do I defend it
Customer
How long does it take to defend it
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Chris The Lawyer, Expert

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

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Chris The Lawyer, Expert

It will take a few months to sort out a defence

Customer
How difficult is it to defend it. What would I need to do or prove for it to be overturned. How long will it take
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Chris The Lawyer, Expert

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

Customer
I already stopped contacting her and gave her the the keys to house back. I spoke to the landlord and gave him my assurance that we would continue renting. I will also continue paying the electricity. I gave permission as well for the locks to be changed
Customer
No physical violence whatsoever
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Chris The Lawyer, Expert

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

Customer
Should I contact my partner and tell her that
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Chris The Lawyer, Expert

Yes

Customer
Won't that be regarded as influencing her or harassment?
Customer
Manipulation or controlling
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Chris The Lawyer, Expert

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

Customer
I don't know what to say without aggravating the situation. I'm scared that if I contact her now, that she will turn around and say that I'm not giving her space
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Chris The Lawyer, Expert

Have you tried any counselling?

Customer
Haven't even seen any counsellor or mediator. She just wants to get a protection order
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Chris The Lawyer, Expert

Why does she say that?

Customer
She's angry and "afraid"
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Chris The Lawyer, Expert

I assume you have been arguing?

Customer
We did have an argument on Wednesday
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Chris The Lawyer, Expert

We’re there any threats?

Customer
No. I never threatened her in any way. I said that we need to start talking about the house and kids. She doesn't want to work on the marriage. I don't know what or if she interpreted anything as threats. She feels I'm unstable and controlling
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Chris The Lawyer, Expert

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

Customer
I've basically already done that
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Chris The Lawyer, Expert

Then move out and tell her she can move back

Customer
We'll just have to wait and see if she goes ahead with the protection order tomorrow. It will have major ramifications for our family and the kids
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Chris The Lawyer, Expert

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

Customer
True, but I won't be able to see my kids for months
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Chris The Lawyer, Expert

Start the mediation process now by contacting a provider like Fairway

Customer
Are they available on a Sunday?
Customer
I'm seeing community law tomorrow morning. Hopefully they can get the process rolling quick
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Chris The Lawyer, Expert

Fairway will be open on Monday

Customer
Can I get an occupation or protection order against her?
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Chris The Lawyer, Expert

Only if she has attacked or threatened you

Customer
hi there. am i still able to use this service or do i need to pay again
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