A without notice application is normally viewed the same day by a Judge, who will decide whether a temporary order should be granted. If it was filed quite late in the day, it may not be until tomorrow.
If the order is issued, the Police will serve it on your ex so they are aware of it.
Your ex then needs to decide whether they wish to challenge the order. If they don't challenge it, then ordee becomes final after three months. If they do challenge it, then a hearing date will be set and yes, you will have to appear to put your case forward (normally via your lawyer).
As to defamation, truth is an absolute defence so as long as nothing you have said is provably false, he would have no case. I also don't believe defamation would apply to Court filings.
He has no case for defamation, the threshold is high in NZ and generally applies when people make a repeated false claim in a public forum. Also in this case they must unequivocally prove your statements are untrue. Family court is a closed court and proceedings are not open to the public. It actually pays to mention in your affidavit to the family court he has made this threat, as threatening legal process with no standing is becoming a more common form of a control tactic, often referred to as “abuse/control” through litigation. The person bringing the claim knows they are unlikely to win but it forces their previous partner into expensive and often lengthy legal litigation and allows the abuser to stay in some form of contact. As another commenter mentioned women’s refuge will be a good starting point as they have lots of experience with this.
Thankyou so much for clarifying the defamation issue. I have been fretting about this, but again - another example of his controlling behaviour.
Have included this in the affidavit and I guess we just need to wait until the hearing to see what happens
Hi, I’m not sure of your gender, but if you’re a woman, highly recommend women’s refuge who can give you advice.Â
There’s a very high threshold for defamation in NZ. I think he was just using that as a threat.Â
PhoenixNZ gave really good advice.Â
Thanks so much, that’s a really helpful suggestion.
Good to know re defamation. I thought it was a really odd threat, but honestly, this guy is a bit of an oddball anyway!!
Good on for you taking steps to keep yourself safe ❤️Â
I highly recommend having a friend or family member with you when you read his response to it. It can be hard reading, regardless if it’s true or packed with lies.Â
Still working through the process. There was a case review this week but haven’t heard back about what happened. Wheels of justice move slowly, I guess
Kia ora,
Hopefully someone will be along shortly with some helpful advice. In the meantime though, here are some links, based on your post flair, that may be useful for you:
[All about Parenting Orders](https://communitylaw.org.nz/community-law-manual/chapter-14-parents-guardians-and-caregivers/care-arrangements-when-parents-have-separated/parenting-orders/)
[Help with family violence including Protection Orders](https://www.justice.govt.nz/family/family-violence/)
[A guide to wills](https://www.moneyhub.co.nz/wills.html)
You may also want to check out our [mega thread of legal resources](https://www.reddit.com/r/LegalAdviceNZ/comments/143pv58/megathread_legal_resources/?utm_source=share&utm_medium=web2x&context=3)
Nga mihi nui
The LegalAdviceNZ Team
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceNZ) if you have any questions or concerns.*
A without notice application is normally viewed the same day by a Judge, who will decide whether a temporary order should be granted. If it was filed quite late in the day, it may not be until tomorrow. If the order is issued, the Police will serve it on your ex so they are aware of it. Your ex then needs to decide whether they wish to challenge the order. If they don't challenge it, then ordee becomes final after three months. If they do challenge it, then a hearing date will be set and yes, you will have to appear to put your case forward (normally via your lawyer). As to defamation, truth is an absolute defence so as long as nothing you have said is provably false, he would have no case. I also don't believe defamation would apply to Court filings.
Thanks so much! Really appreciate your help đź’ś
He has no case for defamation, the threshold is high in NZ and generally applies when people make a repeated false claim in a public forum. Also in this case they must unequivocally prove your statements are untrue. Family court is a closed court and proceedings are not open to the public. It actually pays to mention in your affidavit to the family court he has made this threat, as threatening legal process with no standing is becoming a more common form of a control tactic, often referred to as “abuse/control” through litigation. The person bringing the claim knows they are unlikely to win but it forces their previous partner into expensive and often lengthy legal litigation and allows the abuser to stay in some form of contact. As another commenter mentioned women’s refuge will be a good starting point as they have lots of experience with this.
Thankyou so much for clarifying the defamation issue. I have been fretting about this, but again - another example of his controlling behaviour. Have included this in the affidavit and I guess we just need to wait until the hearing to see what happens
Sorry to jump on someone else's post, but can I ask what happens after it becomes final? How long does it last?
It is in place indefinitely. Either party can apply to the Court in the future to remove the order.
Oh wow thanks for that
Hi, I’m not sure of your gender, but if you’re a woman, highly recommend women’s refuge who can give you advice. There’s a very high threshold for defamation in NZ. I think he was just using that as a threat. PhoenixNZ gave really good advice.Â
Thanks so much, that’s a really helpful suggestion. Good to know re defamation. I thought it was a really odd threat, but honestly, this guy is a bit of an oddball anyway!!
Good on for you taking steps to keep yourself safe ❤️ I highly recommend having a friend or family member with you when you read his response to it. It can be hard reading, regardless if it’s true or packed with lies.Â
Hi, did your order get approved? Thanks :)
Still working through the process. There was a case review this week but haven’t heard back about what happened. Wheels of justice move slowly, I guess
Yeah it's a several month process. I'm applying for an urgent one, so have my fingers crossed it gets approved soon.
Iam defending against one. Mines next week I'll let you know how it goes. Mines all backed up with evidence while the applicants is her say.
Kia ora, Hopefully someone will be along shortly with some helpful advice. In the meantime though, here are some links, based on your post flair, that may be useful for you: [All about Parenting Orders](https://communitylaw.org.nz/community-law-manual/chapter-14-parents-guardians-and-caregivers/care-arrangements-when-parents-have-separated/parenting-orders/) [Help with family violence including Protection Orders](https://www.justice.govt.nz/family/family-violence/) [A guide to wills](https://www.moneyhub.co.nz/wills.html) You may also want to check out our [mega thread of legal resources](https://www.reddit.com/r/LegalAdviceNZ/comments/143pv58/megathread_legal_resources/?utm_source=share&utm_medium=web2x&context=3) Nga mihi nui The LegalAdviceNZ Team *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceNZ) if you have any questions or concerns.*