Agencies calling for all fees in protection order applications to be subsidised. Photo / File
Some victims of domestic violence are being ''punished'' twice - first by the abuse they suffer and then the legal costs they incur in the protection order process.
That's according to Mihi James, a Rotorua family lawyer and legal director for Mihi James Legal Ltd, who said victims who did not qualify for legal aid could spend an average of between $1000 and $1500 to meet with a lawyer and file the application.
"A lot of women aren't getting protection orders because they cannot afford them," she said.
Costs depended on the work and time involved, she said, including gathering evidence and the victim's level of distress. It was also determined on a firm-by-firm basis but she charged a maximum of $500, solely for time.
She said costs needed to be subsidised for all victims.
"They're victims of violence and then punished another way because of their income."
She said fear and intimidation often meant victims could need a lawyer.
Lawyers also helped victims understand the legalities of a protection order - how it's used, their obligations, how it affects children, the fact it would go to court if defended and its limitations.
The application and affidavit for a protection order is 22 pages and asks for the details of the most recent abuse as well as a gathering of evidence of physical, emotional, psychological, sexual or financial abuse.
For those dealing with emotional turmoil, "it's a lot to ask victims to fill out their own applications," she said.
The respondent is given the affidavit and application and has three months to defend it.
"When it goes to court, the victim of violence then has to face the offender and that creates a lot of fear," James said.
She was also concerned that an alleged offender could access Counsel to Assist, which was made up of senior lawyers, to help defend their case.
While she agreed respondents should have a Counsel to Assist, "they effectively get a free lawyer", and "have a very senior lawyer up against a self-represented applicant".
"But in terms of cost, if the applicant has to pay for a lawyer and the respondent doesn't, that's not right."
She said it was important lawyers with clients who did not qualify for legal aid filed a Statement of Means which looked at income and outgoings, which could see victims then qualify.
Those who did not fall below an income threshold needed to pay upwards of $1000 to get a protection order against their abuser.
Data released from the Ministry of Justice shows the number of applications for protection orders is increasing.
Protection orders can be applied for to ensure one person can't contact the person protected by the order. They can be applied for without notice if there are fears for immediate safety or if a delay in getting a protection order might put you or your children in danger.
In the Waiariki region, which includes Rotorua, Taupō, Taumarunui and Tokoroa, there were 274 urgent and non-urgent applications protection order applications last year. That was up from 209 total applications the year before and up from 253 in 2015.
In Bay of Plenty, which includes Tauranga, Waihī, Whakatāne, Ōpōtiki and Thames, there were 353 urgent and non-urgent applications last year, up from 298 the year before and 270 applications in 2015.
It is unclear how many people were granted legal aid in the Bay of Plenty where there was a protection order application. The Rotorua Daily Post will seek these figures from the Ministry of Justice through an Official Information Act request.
The Ministry of Justice said there was no fee to file for protection order applications in the Family Court, and the costs would mainly consist of lawyers' fees, where the applicant chose to use a lawyer and did not receive legal aid.
Protection orders could be applied for to ensure one person could not contact the person protected by the order. They could be applied for without notice if there are fears for immediate safety or if a delay in getting a protection order might put you or your children in danger.
A Rotorua woman, who did not want to be identified, filed a protection order application against her former partner in May on her own.
She said the "repetitive paperwork" and people "feeling like they have to air their dirty laundry" might make people hesitant to file protection orders, but the process overall from her perspective was relatively easy and fast.
A Ministry of Justice spokeswoman said the process is set up so an applicant could complete it without a lawyer.
Tauranga Women's Refuge manager Hazel Hape said those with a full or part-time job earning above a certain threshold needed to pay for a lawyer - a barrier she said needed to be removed.
She had seen this cost victims up to $2500.
"Women shouldn't have to pay to obtain a legal tool to save their life.
"It should be a right because it's about the protection of human life and the life of children.
The threshold is outlined in the Legal Services Regulations 2011.
The maximum level of income for eligibility for legal aid for civil matters was $37,722 per year for a single person with one dependant child, or a spouse or partner with no children.
This goes up to $54,245 per year if single with two children, or with a partner with one child.
The threshold increases to $77,002 per year for a single applicant with five children, or with a partner and four children.
Hape said many withdrew from the process because they could not afford it.
Protection orders did not have a filing fee, but could cost when a lawyer is involved.
Waiariki Women's Refuge manager Paula Coker said for some people a lawyer was the best option and she wanted money put towards removing all financial barriers of the life-saving legal tool.
"Protection orders are too expensive for anyone who does not qualify for legal aid given we are trying to eliminate family violence."
Coker said they had a good relationship with the lawyers they worked with, who "know our women don't have money" and would work around it.
Most women who came through the refuge qualified for legal aid, Coker said, and those who did not were able to come to an agreement with their lawyer.
The lawyers were quick to respond and made the process as easy as possible for victims by getting straight to the point with the most recent event rather than unpacking 20 years of abuse and trauma.
She was not aware of any women refusing to go through with the process because of the cost, saying those who refused to often expressed a fear of their abusive partner being punished.
Shakti Ethnic Women's Support Group regional co-ordinator Lisda Anggraeni said while protection orders should be free, most of the women she worked with did not have to pay.
Anggraeni processed the majority of the protection orders for the organisation and said even if a woman earned above the threshold, she could dig into bank statements to show other costs.
Police can issue police safety orders (PSO) on the spot and can help facilitate a temporary protection order but protection orders are ultimately issued by the courts.
A PSO gave victims time to make decisions about their ongoing safety, and access support.
• Free initial legal advice is available from Community Law Centres
• Find a lawyer service run by the New Zealand Law Society.
• Find a legal aid lawyer through the Ministry of Justice
• Initial advice about Family Court matters.
Anyone who needs protection from someone who is violent, abusive or making threats can apply.
You must have, or previously had, a close personal relationship with that person, but they don't have to be living with you.
A temporary protection order will last for three months and becomes permanent after this time if not challenged or the challenge is unsuccessful.
A final protection order lasts forever and only ends if either party apply to the Family Court to have it cancelled and agreed on by a judge.
• Physical; e.g. hitting, slapping, kicking you, hitting you with a weapon or object, strangling, choking, suffocating, or burning.
• Sexual; e.g. forced to have sex, touching you or forcing you to perform sexual acts or watch pornography.
• Emotional and psychological; e.g. putting you down, making you feel useless, calling you names, humiliating you in private or in public, controlling you, isolating you, stopping access to aids or medication, being cruel to pets, stalking or harassing, breaking your things, or breaking into your home.
• Financial; e.g. taking money from you, using your bank cards, getting you into debt, pressuring you to get a loan or sell your property, stopping you from accessing your money.
• Threats and intimidation; e.g. to your face, over the phone, by email or written in notes, letters or on social media. This could be saying they're going to hurt or kill you, your children, or a pet; holding their fist, a knife, hammer, gun or other weapon near you and threatening to hurt you; threatening to report you to authorities; say they will commit suicide to try and control what you do.
• Phone the police on 111 or ask neighbours or friends to ring for you
• Run outside and head for where there are other people
• Scream for help so your neighbours can hear you
• Take the children with you
• Don't stop to get anything else
• If you are being abused, remember it's not your fault. Violence is never okay.
• Women's Refuge: Free national crisisline operates 24/7 - 0800 REFUGE or 0800 733 843 www.womensrefuge.org.nz
• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz
• It's Not Ok: Information line 0800 456 450 www.areyouok.org.nz
• Shakti: Providing specialist cultural services for African, Asian and Middle Eastern women and their children. Crisisline 24/7 0800 742 584
• Ministry of Justice: www.justice.govt.nz/family-justice/domestic-violence
• National Network of Stopping Violence: www.nnsvs.org.nz
• White Ribbon: Aiming to eliminate men's violence towards women, focusing this year on sexual violence and the issue of consent. www.whiteribbon.org.nz
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