Ex-partner let into woman's home by police despite protection order against him

A woman and her children were forced to leave their home by police so her ex-partner could collect belongings, because they didn't believe she had a protection order against him.

An Independent Police Conduct Authority (IPCA) investigation found the officers decision was unjustified, despite two internal police reviews which said it was ok.

Police were called to the woman's address in South Auckland's Manukau on 25 June last year, when the man came to collect belongings despite a family court protection order issued that day.

The woman had phoned police three times already warning her ex partner was coming to her home despite a protection order being in place due to family harm concerns which prevented him from contacting her or their children.

When the police arrived they spoke to the pair separately and accepted the man's explanations for being at the property despite the woman showing evidence of a court order.

"Ms X showed both officers a copy of the email she had received from the Ministry of Justice and attached information including a copy of the court-issued TPO (temporary protection order) on her phone," the IPCA report said.

The report said the order showed the judge had significant concerns for the woman and her children with evidence of harassment, threats and abuse from the man.

Officers looked in their system but found no record of the order and decided she was "unnecessarily interfering" with her ex collecting his belonging from the home and they "weren't sure if (the TPO) was real or not…"

The officers said the man was "quite calm", "reasonable to deal with" and "compliant", while the woman "hysterical", "crying" and "really panicked".

For the man's protection and ease getting into the house the officer and his superior decided to issue the mother with a 'police safety order' which forced her and the children to leave the family home for 24 hours.

The woman later complained to police about this treatment and two police reviews were done.

"Police conducted two reviews of this decision and determined in both instances that Police were justified"

"In one review, Police determined that Ms X's actions in not providing Mr Y with reasonable access to the property could be viewed as psychological abuse."

The IPCA disagreed with these findings and said it was unjust, it did not follow family harm policy, and failed to properly consider relevant factors.

"Particularly when viewed in the context that she had been granted a TPO and recognised as a family harm victim by the Court"

The watchdog said police should have served the man the court ordered protection order within four hours. It took them five days.

It said both the severe delay and treatment of this woman were wrong, and didn't take into account the welfare of the children.

The Authority recommended police update their policies and provide more training.

The police have since apologised and have updated her records to show the safety order was issued in error.

Relieving Counties Manukau District Commander, Inspector Jared Pirret,said the officers did not make the right decision.

"We also acknowledge the initial police review of this decision did not properly consider the full context of the entire situation and consequently came to an incorrect decision."