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Osterhaus v Maulalo [2019] NZFC 7068

Published 13 July 2022

Application for protection order — final protection order — criminal proceedings — adjournment — self-incrimination — waiver — Domestic Violence Act 1995 — Evidence Act 2006, ss 60 & 65. The applicant sought a final protection order against the respondent, her former partner. The respondent opposed the application and sought an adjournment of the proceeding. His counsel submitted that because he was involved in active criminal domestic violence proceedings, participating in the Family Court proceedings could compromise his privilege against self-incrimination under s 60 of the Evidence Act. The Judge concluded that this privilege had already been waived when the respondent filed an affidavit. Any evidence filed in the Family Court may well be used in the criminal proceedings but that was a natural consequence of the charges the respondent faced. The application for an adjournment was declined. Judgment Date: 3 September 2019. * * * Note: names have been changed to comply with legal requirements. * * *