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Chauhan v Grewal [2017] NZFC 8738

Published 23 November 2017

Reserved judgment — application for final protection order — domestic violence — strangulation — psychological abuse — freedom of religion — whether protection order impinges on rights — New Zealand Bill of Rights Act 1990, s 13 — Domestic Violence Act 1995 — Westcott v Schoeler (2001) 20 FRNZ 381 — Surrey v Surrey [2010] 2 NZLR 581. The applicant sought a final protection order against their brother, who opposed the making of the order. The respondent attacked the applicant at a place of worship by strangling his sibling, causing them to lose consciousness. The court accepted that the respondent had engaged in domestic violence against his sibling citing the strangling and psychological abuse in stating that he wished that their father had killed his sibling at birth. The court found that there was a clear pattern of abusive behaviour by the respondent against the applicant, and that it was necessary to make a final protection order. The court was asked to impose a "special condition" on the protection order that would allow the respondent to continue to worship at the place of worship where the applicant would be. The court found that a special condition was not necessary as his presence at the place of worship alone would not be a breach of the protection order, and therefore that the protection order would not impinge on the respondent's right to freedom of religion. A final protection order was made in favour of the applicant and directed that the respondent undertake an assessment and attend a non-violence programme. Judgment Date: 31 October 2017. * * * Note: Names have been changed to comply with legal requirements * * *