Latest news with #ProtectionOrder
Otago Daily Times
14-06-2025
- Politics
- Otago Daily Times
Court date set 11 months after application lodged
Despite the government's recent announcement that new initiatives to reduce court delays are showing progress, for some in Oamaru, getting their day in court is still hampered by a "flawed" system and "very stressful" delays. Last week, Minister for Courts Nicole McKee said initiatives aimed at tackling delays across New Zealand courts were delivering promising results. The District Court Timelines Programme (DCTP) was established in 2023, and is jointly led by the Ministry of Justice and the judiciary, it includes a range of initiatives to improve timeliness and address backlogs in the criminal jurisdiction. She said nationally, criminal court backlogs were down 11%. "Delays in the justice system affect everyone, from victims and applicants to their families. "The delays can erode confidence in the system, that's why I'm pleased to say we've turned a corner," Mrs McKee said. The High Court is also showing gains, particularly in civil probate cases, she said. In 2023, only 9% of these were resolved within 15 days, that figure rose to 33% in 2024 and now sits at 84%, Mrs McKee said. Mrs McKee said the focus had mainly been on District Courts with the largest backlog across all jurisdictions, these are the metropolitan courts, particularly in Auckland. As these initiatives were only launched in South Island District Court locations in February 2025, it is too soon to measure their impact, she said. A North Otago resident, who contacted the Oamaru Mail, said they had a "very stressful" wait after lodging their application in the Oamaru District Court (ODC) last year. The resident had applied to the Family Court for a Protection Order and Occupation Order in September 2024. In late April, this year, a hearing date was set — for August 7, almost one year after application. The resident said they believed the system was "flawed" and the delay had meant their "fundamental right" had been ignored. "I am aware that others in Oamaru have given up and had to move their cases elsewhere. "This option was not available to me as I never had a court date allocated, until almost a year had expired, well outside the six weeks under the legislation" they said. They say they have had to make two further "on notice" applications in this time to advance their situation. In New Zealand, if a Protection Order application is made "on notice", meaning the respondent is aware of the application and has a chance to respond, the hearing date must be set as soon as practicable, but no later than six weeks from the date the application was filed. Mrs McKee said while she was unable to comment or intervene in individual cases, timeline standards for the Family Court, were being developed and would be finalised soon to support court timeliness and performance. In June 2024, the Chief District Court Judge issued the Timely Access to Justice Protocol, setting out a standard that 90% of criminal cases will be disposed of within specified thresholds, she said. "A number of courts in rural areas are already meeting or exceeding the 90% timelines standard [Waihi, Opotiki, Waipukurau, Ruatoria, Marton and Kaikoura] for criminal case disposal, while others are heading in the right direction, including Oamaru at 89%," she said. She said the improvements would ease pressure on court resources, allowing them to be allocated to cases that would improve timelines in the long term. "These are the kinds of improvements that matter to people, faster decisions mean less uncertainty and greater confidence in our justice system," Mrs McKee said.
Yahoo
11-06-2025
- Yahoo
Macomb County teen charged with armed robbery; assaulting mom after being released
The Brief A Macomb County teen arrested for breaking and entering posed a unique challenge due to a Personal Protection Order preventing his placement in the local Juvenile Justice Center. Prosecutor Pete Lucido sought and obtained a modified court order to house the teen at the center, despite the PPO, citing concerns for the teen's and public's safety after alleged assaults at home. The goal is to provide the juvenile with necessary counseling and help before he turns 18, facing potential adult charges and incarceration if efforts fail. MACOMB, Mich. (FOX 2) - The Macomb County Prosecutor had to take some unusual steps to take a teen into custody – and also hopefully get him some help he needs. Prosecutor Pete Lucido and law enforcement had a unique case last week after the juvenile was arrested for breaking and entering. Due to his age, he was supposed to head to a group home. But there was a problem. "So there was a Personal Protection Order, also known as a PPO, that was in place from one of the employees at the Juvenile Justice Center here in Macomb County to have no contact or be around an individual who's a juvenile," Lucido said. But the teen needed help. "Because the juvenile or the youth was a threat to himself and or others we had to make sure that we get him into the youth home," Lucido said. With the teen in need of help, but a legal order preventing him from going to the place that would help him, Lucido had a rare problem. "It's one in a zillion that this happens, but it happened in this case and do you follow the court order that says that there's supposed to be no contact or do you violate the court order? What's in the best interest for the juvenile? What's in the best interest for the public?" Lucido said. After being picked up for breaking and entering and with nowhere to go, the juvenile went home – where Lucido said things got worse. "It's alleged that there were assaults against the mother and the sister," he said. The juvenile was arrested again after allegedly committing another breaking and entering. So Lucido had to act fast. "In this case Wayne County had taken him for the night and the next day he was brought over to Macomb County and we worked it out by getting the judge to modify the order," Lucido said. Ultimately, he was allowed to be lodged at the justice center, which is uncommon but needed to be done. What's next The goal is to get the teen counseling and help before the juvenile turns 18. "If it doesn't succeed this time he's on or she's on her way to adult supervision and that also means incarceration," Lucido said. The teen is back in court next week for a hearing. Lucido said the juvenile could still be charged as an adult.
Daily Mail
22-04-2025
- Daily Mail
Nurse, 37, is struck off for stalking victim using fitness app Strava - after reducing him to a 'quivering wreck'
A nurse has been struck off for stalking a man using the fitness app Strava, reducing him to a 'quivering wreck'. Hayley Clarke, 37, of Hereford, Herefordshire, started bombarding her victim with messages on various social media platforms - and later the cycling and running tracker app - in June 2022. The man became a 'quivering wreck' after the nurse repeatedly broke court orders not to contact him, a disciplinary tribunal heard. She stalked him 'in the context of a relationship' - and has been sent to prison four times for this, most recently in October 2024. She is currently serving her ten-month sentence on licence. As well as sending the 'repeated unwanted and abusive messages', she threatened to kill herself and damaged his property. She breached a stalking protection order by sending plants to his house from Amazon, posting him a birthday card under a false name and contacting him pretending to be an old friend, suggesting she was watching him and monitoring his home. It left him 'scared to look at his telephone', the court heard: 'He jumps out of his skin when his phone rings; he has to keep his curtains closed because it has caused paranoia.' The nurse has now been struck off at a Nursing and Midwifery Council tribunal, with an 18-month interim suspension order in place in case she appeals. She had been working as a nurse for just six months at the time of her first conviction. Clarke first stalked the man between June 2022 and January 2023, the disciplinary hearing heard. She threatened the victim, referred to only as Person 1, by saying she would 'tell the husband of a friend of Person 1 that he, Person 1, was having a sexual relationship with his wife'. She also sent 'repeated unwanted and abusive messages via Facebook Messenger, Instagram and e-mail', threatened to kill herself and damaged his property. It saw a Stalking Protection Order (SPO) put in place in March 2023. She had been a practising nurse for just six months at this time, having previously worked as a healthcare assistant for six years. But she breached the order in April 2023, sending plants to the man's house using Amazon. She also contacted him using a fake Twitter account and the Strava app. Clarke pleaded guilty to these offences at Kidderminster Magistrates Court in Worcestershire in the same month, and was sentenced to eight months in prison, suspended for 20 months. A Restraining Order was also put in place for two years, forbidding her from contacting the victim. She also had an activity requirement attached to her suspended sentence, to further her rehabilitation and reduce the prospect of her reoffending. But within just eight days of being sentenced, Clarke contacted the victim again. This time, she pretended to be an old friend, suggesting she was watching him and monitoring his home. She was convicted for stalking and breaching an order in July 2023 and sentenced to eight months in prison in August of that year. Addressing Ms Clarke, the committee said: 'In a police interview for these matters, the conduct was denied by you and blame placed on others. 'The denial continued when interviewed by a Probation Officer, when you sought to deny responsibility. 'This position was only changed when you appeared at the Crown Court for sentencing. 'The Judge states within the sentencing remarks that he considered the breaches of your SPO to be "extremely serious" and considered that he would be failing in his public duty if he did not impose a prison sentence and did not believe you were immediately ready to rehabilitate your conduct. 'The Judge described the impact on Person 1 as having been "scared to look at his telephone"; he jumps out of his skin when his phone rings; he has to keep his curtains closed because it has caused paranoia. 'It has, as he puts it, "made him a quivering wreck" [and] "upset his sleep pattern".' A couple of months later, in November 2023, Clarke contacted the man again, and sent him a birthday card under a false name. This saw her sentenced to ten months in prison in January 2024 - but she then committed further offences over the next five months by trying to communicate with the victim, including by email. She was sentenced to ten months in prison in October 2024, as the judge noted she was not ready for rehabilitation. They also pointed out at the time that Clarke stalked the victim while he was having to 'suffer a tragedy of his father dying, so that it accentuated the upset he felt'. Addressing Clarke, the NMC panel said: 'You said you know you made him feel scared and vulnerable, you said because you are not allowed to contact him you can never apologise to him for your actions. 'You said you feel ashamed of your actions and they are not who you are. You said you do not know why you acted in this way.' It added that Clarke said she hoped to gain back trust by being 'the best version of [herself]', and that she believes she has learned from her mistakes. She did not admit to most of the conduct which led to her convictions - which were variously for stalking, breaching a restraining order and breaching stalking prevention orders. The committee said: 'The panel found that although patients were not harmed by your conduct leading to your convictions, a member of the public (Person 1) has been caused emotional harm as a result of your conduct. 'This repeated conduct had breached the fundamental tenets of the nursing profession and therefore brought its reputation into disrepute.' The panel said that it seemed like Clarke had 'deep seated attitudinal problems'.
