Question Details: I have been reading about restraining orders on the Ministry of Justice website (www.justice.govt.nz) and I want to apply for one. It says you can get one if you have been harassed twice in 12 months. What I want to know is whether this means the last 12 months or any 12 months. The person who was harassing me hasn't done anything since just over a year ago, but I suspect she is going to start again so I want to apply for a restraining order now if I can.
Filed under Privacy | 3080 View(s)
No, you do not have to have been harassed twice in the last 12 months to apply for a restraining order. The Harassment Act says that you have to have been harassed on at least two occasions within a period of 12 months. So it can be any 12 month period, not just the last 12 months. If the person harassed you on at least two separate occasions just over a year ago, and those occasions were within a 12 month period, you can apply for a restraining order.
For information on restraining orders, take a look at this link: www.communitylaw.org.nz. It contains information like who you can make a restraining order against. The website explains that you will need to show the court that it is more likely than not that you have been harassed, and that you need a restraining order for your protection.
Also, look at this link www.communitylaw.org.nz for specific details on how to apply for a restraining order.
Answered 23 Jul 2012. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.