Facing Domestic Violence allegations?

Family violence allegations are one of the most common reasons people end up facing Police action in New Zealand. Whether or not you feel the allegation is fair, the law treats family violence extremely seriously and even a single incident can lead to charges and protection orders. This can have long-term consequences for work, parenting and relationships.

Understanding the scale of need and having legal advice early can be a vital step to protect yourself and your future. Our team of criminal lawyers work across all Auckland courts and can help you defend a family violence allegation, bail conditions and contact variations.

How New Zealand law defines “Family Violence”
  • Under the Family Violence Act 2018, “family violence” includes far more than physical assault. It can involve:
    1. Physical abuse (any level of unwanted physical force)
    2. Sexual abuse
    3. Psychological abuse including threats, intimidation, harassment, financial abuse or controlling behaviour
    4. Violence against a child, even if the child is only exposed to violent behaviour

The Act applies to partners, ex-partners, spouses, dating relationships, flatmates, family members, shared-care relationships (including step-parents), and others within a family relationship. This means you can be investigated or charged even if there is no physical contact at all.

Police Policy: “Safety First” means you may be arrested even if you disagree

Police are required to prioritise safety. This often means:

  • If Police receive a family-harm call from anyone (a partner, neighbour, or even a child), they may detain or arrest you even if you dispute the allegation.
  • They can issue a Police Safety Order (PSO) on the spot, removing you from the home for up to 10 days, even if your partner does not want Police action.
  • Police may charge you with assault or other offences under the Crimes Act 1961, depending on what is alleged.

A PSO is not a criminal charge but breaching this, is. The breach itself can lead to arrest and prosecution. 

What you should do if the Police detain or arrest you on family violence allegations

Your rights still apply, even in a tense domestic or family setting:

  • You have the right to remain silent. You do not need to give a statement or explanation, or “your side of the story” on the spot. Often unplanned explanations given while stressed, can cause major damage later.
  • You have the right to speak with a lawyer immediately, in private. This includes 24/7 access to a free lawyer through the Police Detention Legal Assistance (PDLA) scheme.
  • Stay calm and avoid confrontation. Resisting arrest or arguing loudly can escalate the situation and may result in further charges.
  • Ask to speak to us first before any formal interview. We will advise you whether you should engage with the interview at all.
Common mistakes to avoid when facing family violence allegations

These are the errors people facing a family violence allegation most frequently regret later:

  • Giving a full interview without legal advice. A rushed or emotional statement can lock you into facts that may later prove harmful.
  • Trying to contact the complainant. If a Police Safety Order (PSO) or bail condition prevents contact, even a single text message can result in new charges.
  • Assuming the complainant can “drop the charges”. Once Police are involved, it is not up to the complainant. Police and Prosecutions make the charging decisions.
  • Minimising or joking about the incident. Statements like “it was nothing” or “everyone argues” can be used as admissions.
  • Ignoring court dates or paperwork, missing court or breaching bail conditions can make your situation far worse than the original allegation.
How a defence lawyer can help you immediately

A criminal defence lawyer’s early involvement can strongly influence your outcome. Bloem Law can help by:

  • Explaining your exact charges, PSO or bail conditions in plain language.
  • Advising you on whether to give a statement (and preparing you if you do).
  • Reviewing the evidence including 111 calls, partner statements, text messages, photos and medical documents.
  • Challenging exaggerated, inconsistent, or unreliable allegations.
  • Negotiating early with Police or Prosecutors regarding charges.
  • Assisting with bail applications including obtaining contact variations where appropriate.
  • Advising on whether a guilty plea, diversion, or a non-violence program might be strategically useful.

CASE EXAMPLE: We have successfully obtained s106 discharges without conviction for clients who have found themselves facing domestic violence charges. For many people a conviction for a one-off mistake can make a big difference to their future employment or travel. With the right advice, we can set you up for a successful application.

CASE EXAMPLE: A client was charged with breaching a protection order. Jurors found him not guilty to his three charges.

Family violence cases move quickly. A single misstep (a text, a statement or a breach) can reshape the entire case against you. Getting legal advice early helps protects your rights, prevent avoidable breaches, shapes how Police and Prosecutors view the incident, gives you your options for defending the charge and reduces long-term consequences.

If you’re facing family violence charges and need an Auckland criminal lawyer, contact Bloem Law.