Facing Family Violence Charges in New Zealand? What You Need to Know
Being charged with a family violence offence is a deeply stressful experience that can affect your freedom, your ability to see loved ones, and your reputation. Whether it stems from a one-off incident, a misunderstanding, or a complex family situation, it is critical to understand your rights and the legal process ahead.
At Anj Singh Law, I provide strategic, non-judgmental representation for clients facing family violence charges across Aotearoa. If you have been charged, this guide will help you understand what to expect and how to protect your future.
What Is a Family Violence Charge?
“Family violence” refers to offences that occur between people in a domestic or family relationship. This includes:
Partners or ex-partners
Parents and children
Siblings or other whānau living together
Anyone in a close personal relationship
The most common family violence related charges include:
Male assaults female
Common assault
Threatening behaviour
Breach of protection order
Intentional damage or harm to property
Strangulation or suffocation (a standalone offence under recent law changes)
These charges are taken seriously by police and courts. You may be arrested on the spot and removed from your home, even if the other party does not want to proceed with charges.
What Happens After You Are Charged?
1. Arrest and Initial Bail Conditions
You may be held in custody and brought before the court at the next available sitting. The court may impose bail conditions that stop you from:
Returning home
Contacting the complainant or other family members
Possessing weapons or alcohol
These conditions can last weeks or months, even if you are eventually found not guilty.
2. First Court Appearance
At your first appearance, the charges will be read, and you will be asked to enter a plea. If you have not yet spoken to a lawyer, you can ask for time to get legal advice before entering a plea.
3. Disclosure of Evidence
The police must provide disclosure this includes witness statements, incident reports, photos, and any other evidence being used. Your lawyer will review this carefully to assess the strength of the case.
Can the Complainant Withdraw the Charges?
This is a common question. Once police have laid charges, only the police and prosecution can decide to withdraw them not the complainant.
That said, if the complainant no longer supports the charge, their input can sometimes influence how the case is handled. Your lawyer may be able to present alternative resolution options to the prosecution or the court.
Are There Defences to Family Violence Charges?
Yes. Every case must be examined on its own facts. Possible defences include:
Self-defence or defending another person
Factual disputes – the incident did not happen as claimed
Lack of intent or accidental contact
Unlawful search or procedural errors by police
No supporting evidence or unreliable witnesses
In some cases, a discharge without conviction may be appropriate where the offence is minor and a conviction would cause disproportionate harm.
What About Protection Orders?
If you are facing family violence charges, you may also be served with an application for a Protection Order under the Family Violence Act. This is separate from the criminal process and handled in the Family Court.
A Protection Order can:
Prevent you from contacting the applicant
Affect your ability to see your children
Restrict your living arrangements
Remain in force long-term unless successfully challenged
I work closely with clients to respond to Protection Order applications, especially when they are unfounded or unfair.
Why Early Legal Advice Matters
Family violence charges can have wide-reaching consequences. These include:
Losing access to your home or children
Impact on your immigration status
Loss of employment or professional registration
Permanent criminal record
Difficulty travelling or applying for visas
That is why early legal advice is critical. With the right strategy, it may be possible to:
Get bail conditions changed
Resolve the case without conviction
Challenge weak evidence
Negotiate alternative outcomes (such as counselling or restorative justice)
Protect your reputation and future
A Calm, Clear Approach When You Need It Most
At Anj Singh Law, I take the time to understand your situation without judgment. Many family violence charges arise from heated moments, relationship breakdowns, or misunderstandings. Others involve genuine risk and complex family dynamics.
Whatever your circumstances, I offer:
Confidential, respectful support
Strong courtroom advocacy
Cultural understanding and trauma-informed strategy
Access to professional reports to support your case
Your Family, Your Freedom, Your Future
If you have been charged with a family violence offence, do not wait. The earlier you seek help, the more options we can explore together.
📞 Contact Us Now at Anj Singh Law for experienced legal advice and strong representation. Let’s protect what matters most your voice, your rights, and your future.
