8552v5a Learners Guide

US 8552 v5a
Learner’s Guide
LEGAL STUDIES
Unit Standard 8552

Version 5 | Level 2 | Credit 3
Describe legal
consequences and
protections relating to
domestic violence and
child abuse
Licensed to:
Western Heights High School
2018 - 5a © ATC New Zealand
www.instant.org.nz
i
US8552v5a Learner's Guide Licensed to Western Heights High School

Describe legal consequences and protections relating 13032018-US8552-136988 INSTANT Education Solutions
to domestic violence and child abuse 5a © ATC New Zealand www.instant.org.nz
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About this
Learner’s Guide
Learning Purpose & Outcomes
Domestic violence and child abuse is a major problem that unfortunately affects a large number
of New Zealanders.
In this guide, you will learn what domestic violence and child abuse are, and how the law
protects victims of these crimes.
Domestic violence and child abuse are both very serious crimes. They can have severe
emotional, psychological, and physical implications for a victim. It is important that you treat this
topic very seriously. The information you learn in this guide may help save the life of a friend or
family member.
It is also important that you respect the privacy of people as you are completing this guide. Do
not mention the names of people who have/are victims of child abuse or domestic violence that
you may know of. (Of course, if you have any concerns about them, you should talk to your
school counsellor or a trusted teacher.)
There is a lot of information about domestic violence and child abuse on the internet. Feel free to
explore the information raised in this guide through the internet links provided. The media often
reports on cases of domestic violence and child abuse.
Licensed to Western Heights High School US8552v5a Learner's Guide

13032018-US8552-136988 INSTANT Education Solutions Describe legal consequences and protections relating
5a © ATC New Zealand www.instant.org.nz to domestic violence and child abuse
iii
Additional
Resources
Websites
• Police website: http://www.police.govt.nz (Click on the Safety Tips link).
• Family Court website: http://www.justice.govt.nz/family
• Youth Law website: http://www.youthlaw.co.nz
• Ministry of Vulnerable Children Oranga Tamariki website: http://www.mvcot.govt.nz
• Youthline website: http://www.youthline.co.nz
• Shine New Zealand: http://www.2shine.org.nz
• Campaign for Action on Family Violence website: http://www.areyouok.org.nz
• Community Law website: http://www.communitylaw.org.nz (Click on the Family Law link).
• Department of Child, Youth and Family Services. Let’s stop child abuse together: An
interagency guide to breaking the cycle (Wellington: Department of Child, Youth and Family
Services, 2001). [Available for download online at: http://www.nzfvc.org.nz/sites/nzfvc.org.
nz/files/lets-stop-child-abuse-together.pdf]
• Pawson, Marcus. Youth and the Law 2010: A comprehensive guide to law relating to young
people, from birth to adulthood (Wellington: Educational Resources for Legal Resources
Trust, 2010).
Legislation relevant to this unit standard includes:

• Care of Children Act 2004.
• Children, Young Persons, and their Families Act 1989.
• Crimes Act 1961.
• Domestic Violence Act 1995.
and their subsequent amendments.
All these Acts are available online at www.legislation.govt.nz.

1
Contents
Consequences and protections relating to domestic violence 2

Defining Domestic Violence 3
Types of Domestic Violence 4
Consequences of Domestic Violence 9
Legal Protections 12
Protection Order 12
Property Orders 15
Non-violence programmes 17
Services to Assist the Victim 18
Voluntary Support Organisations 19
Consequences and protections relating to child abuse 21

Defining Child Abuse 22
Types of Child Abuse 23
Consequences of Child Abuse 28
Legal Protections 30
Services to Assist Victims of Child Abuse 32
Glossary 35

2
LESSON 1:
Consequences and protections

relating to domestic violence
Learning Objectives
In this lesson, you will learn about domestic violence. In particular, A space has been left
you will learn about the following: on the right of every
page for you to make
the different forms that domestic violence can occur in notes about what
the consequences of domestic violence for both the perpetrator you are learning.
and the victim
the legal protections available to the victim
the services which can help those living in violent relationships.
Important!
Domestic violence is not an easy subject to learn about.
It brings up issues that are difficult for some of us to think
about or discuss. Some may have unpleasant recent
experiences of domestic violence. Others may live with
the memories of domestic violence from their childhoods.
If you have experienced domestic violence at some time in your life,
your personal experiences will influence the person you are today.
Why do we need to talk about these issues and face the
problem of domestic violence? Conflict occurs in almost all
relationships, but violence is never the answer. Domestic
violence is not only about painful physical and verbal wounds,
it is also about the abuse of power and control. Human rights
issues are at the heart of domestic violence.
Talking about domestic violence and confronting the issues
helps to bring the matter out into the open. When we have
knowledge about the subject and an understanding of the
issues, we are more likely to do something about domestic
violence and put an end to it.
The Courts and the Police take domestic violence very
seriously. As a society, we also need to view domestic violence
as a serious issue. By learning about domestic violence and
the way it affects individuals and society in general, we can find
ways to prevent and reduce the problem.

3
LESSON 1: Consequences and protections relating to domestic violence
Defining domestic violence
Domestic violence is not only limited to physical violence. There

may not necessarily be any visible signs. The law says that domestic
violence can be any of the following types of violence.
Physical Sexual Psychological

violence violence violence
The main characteristic of domestic violence is inequality. This

occurs when one person in the relationship consistently intimidates,
controls, or dominates the other.
Domestic violence doesn’t just occur between a husband and wife.

Domestic violence can happen in many different types of domestic
relationships, including between:
Relationship partners Family members
People who share a household People in a close personal

together relationship (such as good
friends)

4
Types of Domestic Violence
There are three main categories or forms of domestic violence.
Physical violence
Physical violence occurs when one person causes pain or injury to
another person’s body.
This includes punching, kicking, hitting, biting, slapping, shaking,
shoving, using a weapon, or any other form of unwanted physical
aggression or assault caused by another person.
What are the signs of physical domestic violence?

A person who is physically abused in a domestic situation may:
Have bruising, cuts, broken Be quiet or withdrawn – they

bones, or other physical may not want to communicate
injuries with other people
Fear the perpetrator and not Not leave the house, especially
want to do anything to make if there are physical signs of
him or her angry abuse
Try it for Can you think of any other potential signs of physical
Yourself domestic violence? List these signs in the space below.

5
Sexual violence
Sexual violence in a domestic violence context refers to any form of
sexual contact with another person against their will. This is defined
as sexual abuse.
Sexual abuse may include inappropriate sexual innuendo, touching,
kissing, exposure of genitals, or any other inappropriate sexual
behaviour or unlawful sexual content.
What are the signs of sexual domestic violence?

A person who is sexually abused shows many signs similar to a
person who has been physically abused. For example, a victim of
sexual domestic violence may:
Have bruising, cuts, broken Be quiet or withdrawn – they

bones or other physical may not want to communicate
injuries with other people
Fear the perpetrator and not Not leave the house, especially
Feel guilty, upset, or Not be able to concentrate, or

depressed about the domestic focus on work or study
violence

6
Psychological violence
Psychological violence refers to abuse that affects the mental
or emotional state of the victim. This type of domestic violence
or abuse includes threats, intimidation, or any other form of
psychological control. Psychological abuse can take many forms.
• Harassment – this could include stalking, watching, constant
phoning, or intimidating a person at work or home.
• Property damage – this includes destroying property,
smashing things, harming pets, etc.
• Intimidation – this includes frightening or threatening
someone into making them do what you want, or to make
them feel anxious, and breaking down their confidence.
• Threats of physical, sexual, or psychological abuse.
What are the signs of psychological domestic violence?

A person who has been psychologically abused may show the
following signs.
Not being able to concentrate, Be quiet or withdrawn – they

or focus on work or study may not want to communicate
with other people
Fear the perpetrator, and not Not leave the house, especially
Feel guilty, upset, or depressed

about the domestic violence

7
Below are eight examples of domestic violence. On the

Try it for right are the three forms of domestic violence. Your task
Yourself is to match each example (by linking them with a line) to
the correct form of domestic violence.
John criticises Mary and calls her

names constantly. •
Jane slaps Tim across the face

after a heated argument. •
• Physical
Hone forces his wife to have sex
with him. •
Louise repeatedly kicks her

•
flatmate during an argument.
• Sexual
Rangi says to Marie, ‘If you leave
•
me, I’ll find you and kill you’.
Jim shoves his partner away from

•
the door as he walks out.
• Psychological
Angie swears at her husband and
constantly puts him down in front •
of their two small children.
Ben often coerces Lynda into

participating in sexual acts that she •
feels uncomfortable with.
Myths about domestic violence

There are a number of excuses or ‘myths’ about domestic
violence that are used to try to justify the perpetrator’s actions.
In some situations, it is common for the perpetrator to blame
the victim for the violence.
Many who are abused blame themselves for the abuse and
conflict in the relationship, and strive to improve the relationship
and ‘make it better’. Despite the individual’s genuine efforts,
the situation often gets worse with the abuse becoming more
frequent.
Continued on next page...

8
Some common excuses or myths include the following.
They enjoy it, deserve it, or ask for it.

Nobody enjoys being physically, sexually, or psychologically
abused. There is no situation where anyone deserves to be
abused. Domestic violence in New Zealand is illegal and is a
prosecutable offence.
Alcohol/drug abuse causes violence.

Taking drugs or alcohol does not, in itself, cause someone to
be violent. Domestic violence and substance abuse are two
separate problems which need to be treated separately. Many
people are abusive when they haven’t had any alcohol, and
many people who use drugs never get violent.
Drugs and alcohol can often be used as a convenient excuse
for domestic violence. By claiming to be under the influence of
drugs or alcohol, abusers can try to avoid taking responsibility
for their actions.
People abuse because they had a terrible childhood.

There are many people who grew up in abusive and violent
homes who do not abuse. A person’s background is no excuse
for violent behaviour.
Violent behaviour is not genetic or ‘in-born’; the individual
makes a choice to act in a violent way. A person with a violent
childhood can choose to stop the cycle of abuse. There is help
available to people who have had a violent childhood.
Those who abuse can’t control their anger.

Abusive people can often control their temper around other
people or in different situations; they usually don’t break or
damage their own possessions, and they often only hit or injure
the victim on parts of their body that are not clearly visible to
other people.
Such abuse is only confined to specific situations and shows a
great deal of control in how the individual directs their anger.

9
Consequences of
Domestic Violence
In this section, we will look at some of the consequences of
domestic violence.
When domestic violence occurs. There are consequences for both:
the perpetrator the victim
There are serious consequences for the perpetrator. These include

the following.
Relationships with A perpetrator of domestic violence

children may suffer may no longer be able to live with
their children. This means that their
relationship with their children will suffer.
Rejected by friends The perpetrator’s friends or family may

and family not want to be around the perpetrator
once they find out about the domestic
violence.
Finances may suffer The perpetrator may have to support

two households (the household where
their children live, and their own
household). This could impact on
finances.
Difficulty finding or If the perpetrator has a criminal record

keeping a job because of the domestic violence,
they may have difficulty getting a job.
Alternatively, they may not be offered
promotions in their current job
Guilt and depression The perpetrator may be feeling guilty or

depressed about their actions.

10
Try it for Can you think of any other consequences that the
Yourself perpetrator of domestic violence may face?
Non-legal consequences of abuse for the perpetrator
Consequences for the victim

There are very serious consequences for the victim. These include
the following.
Lacking in confidence Victims of violence often lack in

with low self-esteem confidence and suffer from low self-
esteem. They may not have the courage
to interact with others in a positive way.
Feeling depressed and Domestic violence causes stress and

stressed often depression. A victim of domestic
violence may have difficulty completing
day-to-day tasks due to ongoing
emotional and/or physical stress and
feelings of depression – where they are
overwhelmed with no hope of a better
future.
Finances may suffer A victim of domestic violence may have

to support themselves or their family,
without the help of the perpetrator. This
will add financial stress to an already
stressful situation.

11
Difficulty with family A victim of domestic violence may no

tasks longer have the help of the perpetrator
to complete day-to-day tasks (such as
looking after children, doing housework
etc). The victim may feel burdened with
these everyday tasks.
Time off work or study The victim may have to take significant
time off work or study to deal with the
issues related to the domestic violence.
This could affect their study outcomes
and their career prospects.
Sometimes domestic violence can go on for a long time,

What do even years, before the victim seeks help.
You Think? Write down two reasons why an individual might
not seek help immediately after the first instance of
domestic violence.

12
Legal Protections
There are a number of protections available to people who are

victims of domestic violence. Three main protections are as follows.
Protection Order Property Order Non-violence

programmes
Protection Order
What is a Protection Order?

A Protection Order sets out standard conditions that a perpetrator of
domestic violence must follow.
Non-violence The perpetrator must not:

conditions • physically, sexually, or psychologically abuse
or threaten the victim or their children
• damage, or threaten to damage, the
victim’s property
• encourage anyone else to physically,
sexually, or psychologically abuse or
threaten the victim or their children
Non-contact The non-contact conditions apply unless the

conditions victim and the perpetrator are living together
(with the agreement of the victim). Under
these conditions the perpetrator must not:
• come to the victim’s home, workplace, or
on to their property
• intimidate or harass the victim
• hang around the neighbourhood
• try to stop the victim, their children, or those
close to the victim from coming or going
• follow the victim
• contact the victim in any way, unless
certain conditions apply

13
Surrender of When a Protection Order has been made, the

weapons perpetrator must hand in any weapons (e.g.,
firearms, ammunition, explosives) and firearm
licence that they hold to the Police within 24
hours (or earlier, if requested).
Who can apply for a Protection Order?

Any person who is abused as a result of domestic violence can
apply for a Protection Order.
How can a person get a Protection Order?

There are two ways to get a Protection Order. One way is ‘without
notice’, the other way is ‘on notice’.
Applications without notice

A judge will issue a temporary order without notice if they feel
that if the perpetrator were to be given notice of the application,
it could put the victim at risk of harm or undue hardship.
This means, for example, that if the victim can show that the
perpetrator may become violent if they know that a Protection
Order against them is being applied for, then the Judge will issue
a temporary Protection Order without first telling the perpetrator.
In such a case, the perpetrator will be served a copy of the
Protection Order. The perpetrator then has three months in which
to oppose the Order before it becomes permanent.
Applications on notice
Where there is no immediate risk of harm or undue hardship, the
application for a Protection Order is made on notice, which means
the perpetrator is informed that the Order has been applied for.
The perpetrator is then given a period of time (e.g., usually 24
hours or a few days) in which to file a written defence against
the application. The Court will then hold a defended hearing (i.e.
the perpetrator has a chance to give their side of the story) and
decides whether the order should be made. If the Court makes
the Order, it is a permanent (final) Order.
What happens if the abuse doesn’t stop?

Sometimes the victim will decide to try the relationship again and let
the perpetrator back into their lives. If they do this, the non-contact
conditions will be suspended, but the non-violence conditions of the
Protection Order still apply.

14
If the violence starts again, the victim does not need to go back to
Court to get a new Protection Order; they simply need to ask the
perpetrator to leave them alone (or to leave the property) and not
to contact them. If the perpetrator does not leave, they are then
breaching the non-contact conditions of the Order (as well as the
non-violence conditions), and so the police should be contacted. If
the perpetrator does any of the things they have been told not to do
in the Order, the police may arrest them without a warrant.
Try it for Answer the following questions about Protection Orders.

Yourself Try to answer without referring to the section above.
1. What are three different types of conditions that can apply to Protection Orders?
2. Who can apply for a Protection Order?
3. What is an order without notice? When would such an order be granted?
4. What is an order on notice?

15
Property Orders
What is a Property Order?

A Protection Order does not cover property matters. If the victim
wants to stay in the family home or to take furniture if they leave,
they need to apply for a Property Order. The court will make the
Property Order if it is satisfied that the Order is necessary for the
protection of the victim or is in the best interests of their children.
There are several types of property orders.
Occupation This entitles the victim to live, without the

Order perpetrator, in the family home that they own
together. The perpetrator will need to find
alternative accommodation to live in, at their
own cost.
Tenancy Order This allows the victim to live, without the

perpetrator, in a home or flat which they have
been renting together. The perpetrator will need
to find alternative accommodation to rent.
This Order is useful to legally establish the
relationship between the owner of the rental
accommodation and the tenant (the victim).
The victim then becomes the sole tenant of
the rental accommodation.
Ancillary This Order allows the victim to use certain

Furniture Order furniture and household items within the
house that they have been sharing with the
perpetrator.
Furniture Order This allows the victim to take certain furniture

and household items to another house (if they
move out of the home they have been sharing
with the perpetrator).
Who can apply for a Property Order?

Any person who is abused as a result of domestic violence can
apply for a Property Order.
How can a person get a Protection Order?

A victim of domestic violence can get a Property Order in the same
way that they can get a Protection Order. (In most cases they are
applied for at the same time). A Property Order can also be applied
for without notice, and on notice.

16
1. Imagine you are a Family Court Judge and have

Try it for an application for a Property Order in front of you.
Yourself What are three things you would consider in order to
determine whether the Order should be granted?
2. What do you think are three practical reasons for the Tenancy Order making the
victim the sole tenant of the property?

17
Non-violence programmes
What are non-violence programmes?

A non-violence programme is a course that the perpetrator attends
in order to deal with their violent behaviour. They learn about the
effects of domestic violence, as well as different approaches to help
stop being violent. Courses normally last for two to three months.
How does a perpetrator get involved in a non-violence programme?

In most cases, when a Protection Order is issued, the judge will
specify that the perpetrator must attend a non-violence programme.
The perpetrator is legally required to attend the programme
regularly, and may be arrested if they do not attend it.
How does a non-violence programme protect the victim?

It is likely that the victim will have ongoing contact with the
perpetrator (especially if they have children together). If the
perpetrator can learn how to deal with his or her anger issues
without using violence, then this will have a positive effect on the
victim. In some cases, they may be able to resume a relationship
together, if that is the victim’s choice.
Try it for Do you think a non-violence programme is beneficial for

Yourself the victim and the perpetrator? Why? Why not?

18
Services to Assist the Victim
There are many services and community groups available to assist

those living in violent relationships.
Let’s look at some of these services in terms of the type of
assistance they provide the victim.
The Police
If the victim is in immediate
danger, they should contact
the police. The police will
respond immediately and
will take steps to ensure the victim and any children they have are
kept safe from the perpetrator. The police can also give the victim
further information about steps they can take to make sure that they
and their children are safe. This may include referring the victim to
a number of community organisations which can assist them in this
regard, or to legal services.
Ministry for Vulnerable

Children, Oranga Tamariki
Although the main focus of the
Ministry for Vulnerable Children,
Oranga Tamariki is the safety and
well-being of children and young
people, it also provides assistance to families that are living with
domestic abuse. If a child sees or hears domestic violence take
place (e.g., if one of the child’s parents assaults the other parent),
this is a form of child abuse in itself (we will look at this in more
detail in the next lesson). Therefore, part of the Ministry’s work
to prevent the abuse of children also includes helping to prevent
violence (in general) in the child’s home.

19
Voluntary Support Organisations
There are a number of voluntary support organisations that can

provide various forms of assistance to those who are suffering
abuse. Let’s look at a few of these.
Women’s Refuge
There is a network of Women’s Refuges around
the country that offer ‘safe houses’ with secure
accommodation to women who are leaving
violent relationships. They provide support and
practical assistance.
The Women’s Refuge operates a 24-hour crisis
line to support women and their children who
are living in and/or leaving abusive relationships. They also provide
education about family violence to families, community groups,
agencies and professionals. You can read more about Women’s
Refuge here: https://womensrefuge.org.nz/
Citizens Advice Bureau

This is an excellent source of
community information. The Citizens
Advice Bureau (CAB) has information
about local social services, legal rights,
housing, welfare, support groups,
domestic violence, a free budgeting
service, and health issues.
In most areas, the CAB offers a free legal advice service, by
appointment. The CAB will also make referrals to any other community
service agencies that may be able to assist in specific situations. You
can read more about CAB here: http://www.cab.org.nz/
Shine New Zealand

Shine is a service that has the vision
of ‘Safer homes in New Zealand every
day’. It offers a free national helpline
for those who are victims (or know victims) of domestic violence.
It also has a safe house where victims of domestic violence can
temporarily stay. Shine New Zealand also holds educational classes
about domestic violence. You can read more about Shine New
Zealand here: http://www.2shine.org.nz/

20
Counselling
Throughout New Zealand, counselling is available 24 hours a day
from organisations such as Lifeline or the Samaritans. Rape Crisis
and the Help Foundation also offer help to those who have been
sexually abused or raped. Presbyterian Support Services and
Relationship Services also offer counselling services.
Below are five services and seven situations where the

Try it for abused requires help. Your task is to consider each
Yourself situation and match it to the best service that could
provide assistance.
• Ginny wants to take out a Protection

Order against her ex-husband.
• Linda has run out of her house after
Women’s Refuge • being beaten again by her partner. She
is too scared to return home.
• Andy is tired of his partner’s continual
Citizens Advice Bureau abusive behaviour and wants to move
•
himself and his kids to somewhere safe,
but he has no transport.
• Michelle’s husband has come home
Family Court • drunk again and he is screaming and
shouting that he is going to kill Michelle
and her children.
Samaritans • • Mike wants to take out an Property
Order against his wife.
• It’s late in the evening and John is worried
about how violent he has become
The Police • towards his wife and wants help.
• Donald wants some up-to-date
information on domestic violence to help
him with a topic he is studying.

21
LESSON 2:
Consequences and protections

relating to child abuse
Learning Objectives
In this lesson, you will learn the following about child abuse.
the different types of child abuse
the consequences of child abuse for both the perpetrator and
the victim
the legal protections available to the victim
the services which can assist children or young people who are
experiencing abuse.
Important!
Child abuse is a very serious topic. It is important that
you approach this lesson with sensitivity as you may be
studying with learners who have experienced child abuse
in their lives.
If you know of someone who is currently experiencing child
abuse, or if you are currently experiencing child abuse yourself,
you should tell you teacher or your guidance counsellor.
As you will see from the information in this lesson, there is a
lot of help and assistance available for young people who are
victims of child abuse. Child abuse is never okay, and everyone
in the community needs to work together in order to make sure
that it stops completely.

22
LESSON 2: Consequences and protections relating to child abuse
Defining Child Abuse
There are four different types of abuse that are defined as child
abuse.
Physical Emotional Sexual Neglect

abuse abuse abuse
Child abuse is defined as any act by an individual, institution, or

society that interferes with the well-being of:
A child (0-13 years) A young person (14-16 years)
Child abuse is a misuse of power by an adult.
There is obviously a great deal of overlap between child

abuse and domestic violence in general. Child abuse is also
domestic violence if the child is abused by someone they live
with or who is their caregiver. Therefore, much of what we
discussed in the previous lesson about domestic violence also
applies to child abuse.
Let’s begin by looking at the types of child abuse recognised by the

law.

23
Types of Child Abuse
There are four main categories or forms of child abuse.
Physical abuse
Physical child abuse can be defined as any act where an older
person causes injury to a child/young person by intentionally
punching, beating, kicking, shaking, biting, burning, throwing, or
otherwise physically harming that child/young person.
Physical abuse may also be as a result of excessive discipline.
have bruising, cuts,

broken bones, or other
physical injuries.
have bruising, cuts,
broken bones, or other
physical injuries.
A child who
is physically
abused may...
not attend school or

other activities, especially
fear the perpetrator, if there are physical signs
and not want to do of abuse.
anything to make him or
her angry.
What do Excessive discipline is a form of child abuse. Give an

example of excessive discipline between a parent and
You Think? their child.

24
Emotional abuse
Psychological or emotional abuse refers to a situation when an adult
or carer of a child undermines the child’s wellbeing by:
• constantly shouting at the child
• threatening them
• scaring them
• demeaning them
• otherwise hurting them emotionally.
This type of abuse cannot be seen physically, but it can cause
lasting emotional and personality damage.
What are the signs of emotional child abuse?
The child may

often be ill.
The child may
run away from
home.
The child may try

to please adults
constantly.
The child may always
try to be the centre of
attention.
The child may have

low self-esteem.
The child may appear
anxious and withdraw
from others.
If a child has been psychologically abused they may

What do have low self-esteem. What are two examples of what
You Think? a child may say (self-talk) that would lead you to believe
they have a low self-esteem?

25
Sexual abuse
Sexual child abuse is when an adult, or someone much older, uses
a child for sexual purposes. Sexual abuse can involve an adult
showing the child their own body or videos, films or pictures of
sexual acts. It can also involve physical touching of a child’s private
parts, other sexual acts or intercourse.
What are the signs of sexual child abuse?
The child victim

may have problems
The child victim trusting others.
may have learning
difficulties at school.
The child victim may

have knowledge
The child victim may about sex (that
feel unworthy and children should not
dirty and therefore have).
continue to be
victimised.
The child victim may

be withdrawn or
depressed.
Research shows that some children who are abused

What do while they are young abuse their own children when they
You Think? become parents. Give two reasons why you think this
happens.

26
Neglect
Neglect can be defined as failure to provide for a child’s basic
physical and emotional well-being and development. These basic
needs include providing food, shelter, medical care, education, and
supervision.
Examples of neglect are not giving a child enough love and
affection, leaving a child without adequate supervision, not feeding
a child, not getting their medical needs taken care of, not cleaning a
child, etc.
What are the signs of neglect?
The child victim has

poor hygiene. The child victim may
be small for their age
(as a result of poor
nutrition).
The child victim

may comment that
they have spent the
weekend at home
The child victim
alone, or similar.
may have learning
difficulties.
The child victim

may not have a
good relationship
with their parents.

27
The following are examples of child abuse. Your task is

Try it for
to indicate which form of child abuse each example is:
Yourself physical, psychological, sexual, or neglect.
Example Form
John burns his daughter’s arm with his cigarette after learning that she
has been caught shoplifting.
Arial can’t be bothered to get up to feed her 4-month-old daughter

because she’s too tired; so instead she just goes back to sleep.
Robert shows his three-year-old son a picture on the internet of two

people having sex.
Julia threatens to give her son Joe a beating if he doesn’t stop running
around inside.
Michael kicks his son Josh on the bottom because he’s being too loud.
Helen’s four-year-old son David has been complaining of a sore ear for
over a week. Helen won’t take David to the doctor because she works
long hours and doesn't want to lose any pay.
Angela asks her father if she can join the netball team. He replies,
“Why bother? You’re too fat and don’t know how to catch a ball.
They’ll never take you on the team!”

28
Consequences of Child Abuse
In this section, we will look at some of the consequences of child

abuse.
When child abuse occurs. There are consequences for both:
the perpetrator the child victim
There are serious consequences for the perpetrator. These include

the following.
Relationships A perpetrator of child abuse will no longer be

with children will able to live with their children. They may only
suffer be able to see them in supervised situations.
Rejected by The perpetrator’s friends or family may not

friends and want to be around the perpetrator once they
family find out about the child abuse.
Finances may The perpetrator may have to support two

suffer households (the household where their
children live, and their own household). This
could impact on finances.
Difficulty finding If the perpetrator has a criminal record

or keeping a job because of the child abuse, they may have
difficulty getting a job. Alternatively, they may
not be offered promotions in their current job.
They will be banned for certain professions
related to child care.
Guilt and The perpetrator may feel guilty or depressed

depression about their actions.
Removed from The perpetrator may be removed from certain

community community positions, such as coaching sports
positions teams, or participating in church activities (if
children are present).

29
Consequences for the child victim

There are extremely serious consequences for the child victim.
These include the following.
Lacking in self- Child victims of abuse often suffer from low

esteem and self-esteem and lack of confidence. They may
confidence not have the courage to interact with their
friends in a positive way.
Feeling Child abuse can cause stress and depression.
depressed and Child victims may have difficulty completing
stressed day-to-day school tasks because of added
stress and depression.
May have to live A victim of child abuse may have to live with
with another another family in order to be protected from
family the abuse. Going to live with another family
would be very stressful for the child.
Ongoing trauma A victim of child abuse may have ongoing
trauma in relation to the abuse they have
suffered. The may need ongoing counselling.
Time off work or The child victim may have to take significant
study time off school to deal with the issues related
to the child abuse. This could affect their study
outcomes and their future career prospects.
Can you think of any other future consequences there

Try it for
might be for the perpetrator or child victim? List these in
Yourself the space below.

30
Legal Protections
There are a number of protections available to children who are

victims of child abuse.
Services The Court can make an order that specifies that

Order services or help be provided for the child victim.
The Court may also order that specific help be
provided to the guardian of the child.
These can be services provided by the Ministry for
Vulnerable Children, Oranga Tamariki or any other
person or organisation as the Court decides.
Restraining If a child has been a victim of abuse, another adult

Order can apply for a restraining order (Protection Order)
on the child’s behalf.
This order has the same effect as a Protection Order
used in situations of domestic violence (i.e. the
perpetrator must not further harm the child, or have
contact with the child, in some situations).
Custody If a child is at risk of abuse, a Custody Order can

Order be applied for on behalf of the child. The Custody
Order gives a parent or other adult (who has not
abused the child), the right to the day-to-day care
of child.
The perpetrator can only visit the child under the
terms specified by the Court.
If there are no suitable people to have custody of
the child, custody may be given to the Ministry of
Vulnerable Children, Oranga Tamaraiki.
Guardianship In serious situations, a Guardianship Order may be

Order made. Guardianship refers to the ability to make
important life decisions for the child (such as what
school they will go to, whether the child should be
allowed to live with a parent overseas.
In some cases, the perpetrator may be removed as
a guardian of the child victim. In other cases, the
Ministry of Vulnerable Children, Oranga Tamaraki
may be appointed as an additional guardian to
oversee guardianship decisions.

31
Support In some situations, a child victim may be best

Order supported by relatives within the family or whānau,
provided that support is given from the Ministry of
Vulnerable Children, Oranga Tamariki.
A Support Order enables the extended family to
look after the child victim, with intensive monitoring
from a social worker.
A Support Order is sometimes used instead of a
Custody Order or Guardianship Order.
Try it for Match the following types of protections for victims of

Yourself child abuse with their meanings.
• An order that is sometimes used instead

of a custody or guardianship order. It
Services Order • enables relatives to care for the child
victim, with intensive supervision from a
social worker.
Restraining Order • • An order that gives a person or
organisation day-to-day care of a child
victim. This order may be temporary.
Custody Order • An order from the Court that specifies

•
certain assistance services should be
provided to help a child.
• An order that gives guardianship to a
Guardianship Order • particular person or organisation (or
takes guardianship away from a person,
such as the perpetrator).
Support Order • • An order that specifies that a perpetrator
cannot contact a child victim or further
harm them.

32
Services to Assist Victims of Child

Abuse
Child abuse is a big problem in our society. So where can children or
those who wish to help an abused child go to get help and/or advice?
Many of the services that we discussed in the lesson on domestic
abuse are also available to assist children/young people who are
victims of abuse. Let’s look at them again.
Ministry for Vulnerable

Children, Oranga Tamiriki
The primary agency that deals with
the well-being of children is the
Ministry for Vulnerable Children,
Oranga Tamiriki. The aim of the
Ministry is to support families so that they can ensure the wellbeing
of the children in their care.
The Ministry for Vulnerable Children, Oranga Tamiriki provides
services for children, young people and those who care for them
when the child is at risk of abuse or neglect, or is at risk of offending.
When there is suspected/reported abuse, the Ministry will
investigate the report and will take steps to ensure the child is kept
safe and that their wellbeing is ensured.
The Police
What do Think back to the lesson on
You Think? domestic violence and the
section on services to assist the abused. What services
do the police offer, and how can this apply to children
who are being abused, or those who wish to help an
abused child?

33
Voluntary Support Organisations

Many of the same voluntary support organisations that provide
assistance for those subjected to domestic violence in general, also
provide specific assistance for children who are suffering abuse.
Let’s look at some of these in terms of the specific assistance they
can provide for children or young people.
Women’s Refuge
The Women’s Refuge offers a range of services for children who
are being abused. The Refuge can work together with the Ministry
for Vulnerable Children, Oranga Tamariki to protect the child(ren)
involved. The Refuge can also refer the family to appropriate
agencies or a family lawyer who will ensure that the best interests of
the child are protected.
Some refuges also provide programmes in the community for
children who are at risk.
Parentline and other support services

Parentline is a child advocacy service that provides support for
caregivers and children who have been abused. They offer courses,
support, child counselling, therapy, time out for families, parenting
groups, anger management for parents, and other services.
In addition to Parentline, other services such as Barnados and
Plunket Line offer a number of services for parents to assist them
with childcare and parenting.
Below are three services offered by support services such

Try it for as Parentline, Barnados and Plunket. Read each situation
Yourself below and match the situation to the best service.
Nadine and John have a six- •

month-old son. They have just
moved to Nelson and don’t know
• Anger
any other couples with children.
Management
Ingrid has had a bad day at work •
and loses her temper with her five- • Parenting
year-old daughter. Groups
Damian has difficulty dealing with • • Counselling/

his son’s tantrums and feels like he Therapy
wants to hit him. Damian’s father
used to hit him when he misbehaved.

34
In addition to the support services we have already

Try it for discussed, where an abused person or child can either
Yourself visit or phone the service for assistance, there are also a
number of online services available. Do an internet search
to find some of these services and list them below.
Organisation Website Address Service Offered

35
Glossary
aggression feelings of anger resulting in hostile or violent behaviour

demean saying or doing something that makes someone lose their dignity or self-
esteem
dominate to control or have power over someone
guardianship to be responsible for a child, to be involved in decision making for them
harassment aggressive pressure
intensive very thorough or vigorous
intimidates to frighten someone, especially in order to make them do what one wants
neglect to fail to care for a child properly
perpetrator the person who commits violence (or a negative act) against another
person
restrain to stop someone from doing something
tenant a person who rents a house (is responsible for a rented house)

21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
© ATC New Zealand


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US 8552 v5a

Unit Standard 8552

US8552v5a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US8552v5a Learner's Guide

Legislation relevant to this unit standard includes:

US8552v5a Learner's Guide Licensed to Western Heights High School

Consequences and protections relating to domestic violence 2

Consequences and protections relating to child abuse 21

Licensed to Western Heights High School US8552v5a Learner's Guide

Consequences and protections

US8552v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Consequences and protections relating to domestic violence

Defining domestic violence

Domestic violence is not only limited to physical violence. There

Physical Sexual Psychological

The main characteristic of domestic violence is inequality. This

Domestic violence doesn’t just occur between a husband and wife.

Relationship partners Family members

People who share a household People in a close personal

Licensed to Western Heights High School US8552v5a Learner's Guide

LESSON 1: Consequences and protections relating to domestic violence

Types of Domestic Violence

There are three main categories or forms of domestic violence.

What are the signs of physical domestic violence?

Have bruising, cuts, broken Be quiet or withdrawn – they

US8552v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Consequences and protections relating to domestic violence

What are the signs of sexual domestic violence?

Have bruising, cuts, broken Be quiet or withdrawn – they

Feel guilty, upset, or Not be able to concentrate, or

Licensed to Western Heights High School US8552v5a Learner's Guide

LESSON 1: Consequences and protections relating to domestic violence

What are the signs of psychological domestic violence?

Not being able to concentrate, Be quiet or withdrawn – they

Feel guilty, upset, or depressed

US8552v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Consequences and protections relating to domestic violence

Below are eight examples of domestic violence. On the

John criticises Mary and calls her

Jane slaps Tim across the face

Louise repeatedly kicks her

Jim shoves his partner away from

Ben often coerces Lynda into

Myths about domestic violence

Licensed to Western Heights High School US8552v5a Learner's Guide

LESSON 1: Consequences and protections relating to domestic violence

Some common excuses or myths include the following.

They enjoy it, deserve it, or ask for it.

Alcohol/drug abuse causes violence.

People abuse because they had a terrible childhood.

Those who abuse can’t control their anger.

US8552v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Consequences and protections relating to domestic violence

the perpetrator the victim

There are serious consequences for the perpetrator. These include

Relationships with A perpetrator of domestic violence

Rejected by friends The perpetrator’s friends or family may

Finances may suffer The perpetrator may have to support

Difficulty finding or If the perpetrator has a criminal record

Guilt and depression The perpetrator may be feeling guilty or

Licensed to Western Heights High School US8552v5a Learner's Guide

LESSON 1: Consequences and protections relating to domestic violence

Non-legal consequences of abuse for the perpetrator