Domestic Violence Charges in New Zealand: Your Rights and Legal Defences
Facing a domestic violence charge can be one of the most distressing and disruptive experiences in someone’s life. Whether the incident arose during a relationship breakdown, a misunderstanding, or a high pressure moment, being charged does not mean you are guilty.
In New Zealand, family violence cases are treated seriously and often progress quickly through the courts. But you do have legal rights, and you may have valid defences.
At Anj Singh Law, I have supported clients across Auckland and nationwide through complex, sensitive domestic violence cases with empathy, clarity, and strong advocacy. This blog will walk you through what domestic violence charges mean, what your rights are, and how a defence can be built.
What Qualifies as Domestic Violence in New Zealand?
Domestic violence also referred to as family violence includes any abusive or violent behaviour between people in a domestic or close personal relationship. This includes partners, ex-partners, parents and children, siblings, or flatmates.
Common charges include:
Common assault or male assaults female
Threatening behaviour or intimidation
Intentional damage (e.g. to a phone or property during an argument)
Strangulation or suffocation
Breach of a protection order
These charges are often heard in a Family Violence Court, which handles domestic matters on an expedited timeline. If police are called to a family incident, someone will usually be arrested even if the complainant later changes their mind.
Your Legal Rights When Charged
Even if you've been charged or arrested, you still have important legal protections:
You are presumed innocent
Until proven guilty beyond reasonable doubt, you are not legally guilty of the offence. The prosecution must prove the case.
You have the right to remain silent
You do not have to answer police questions beyond your name, address, and date of birth. Anything else you say can be used against you.
You have the right to a lawyer
You can contact a lawyer immediately and should do so before speaking further with police.
What Are Common Legal Defences to Domestic Violence Charges?
Every case is different, and a thorough review of the evidence is essential. That said, here are some common legal defences used in domestic violence cases:
1. Self-Defence or Defence of Another
If you were protecting yourself or someone else from harm, and your actions were reasonable, this may be a complete defence.
2. False Allegations
In some cases, accusations may be exaggerated or fabricated due to relationship breakdowns, custody disputes, or miscommunication. These cases require sensitive but firm legal handling.
3. Lack of Evidence
If there are no witnesses, no injuries, or conflicting statements, the prosecution may not be able to prove the charge. The burden of proof is on them not you.
4. Accident or No Intent
You may not have intended to cause harm. Sometimes, actions taken in anger or frustration (like breaking an item or yelling) are not enough to justify a conviction.
Why Early Legal Advice Is Crucial
Domestic violence charges move quickly and have serious, often immediate consequences. These can include:
Being removed from your home
Restrictions on seeing your children
Interim protection orders being issued against you
Impacts on your immigration status or employment
Bail conditions that limit your movement and contact
The earlier you speak with a lawyer, the more control we can have over how your case is handled. At Anj Singh Law, I can help:
Challenge bail conditions that are too harsh or unnecessary
Apply for name suppression if your reputation or safety is at risk
Engage in restorative justice or counselling as part of a strategic defence
Negotiate with the prosecution or prepare for trial
What If the Complainant Does Not Want to Proceed?
This is a common situation. However, once charges are laid, only the police or prosecution can decide to withdraw them even if the alleged victim no longer wants to be involved.
That said, if the complainant’s position changes, this can still influence how the case progresses. A skilled lawyer can present that change to the court effectively.
When the Stakes Are High, Get the Right Defence
A domestic violence conviction can result in fines, community sentences, or imprisonment. But the consequences can go beyond the courtroom affecting your family relationships, reputation, career, and freedom of movement.
At Anj Singh Law, I bring over 22 years of courtroom experience, including complex family violence cases. I understand that these situations are often emotional, messy, and misunderstood and I provide calm, strategic, and compassionate support throughout.
Protect Your Rights. Preserve Your Future.
You are more than the charge you’re facing. You deserve to have your side of the story heard.
📞 Contact Us Now for expert legal advice on domestic violence defence in Auckland and across New Zealand. I will stand by you every step of the way.
