Everything you need to know about Protection Orders
How does the process work?
The first step to escape an abusive relationship is to get a Protection Order. This court order will protect you against any further intimidation or violence from the accused party. Your protection order will be valid and enforceable anywhere in South Africa regardless of which court issued it.
The first step in getting a Protection Order will be to fill out an application form at the magistrate’s court. On this form you will need to provide:
• Your ID number, address, workplace and contact details.
• As many details as possible about your abuser.
• Any reasons regarding the urgency of your application.
• A detailed explanation regarding the type of abuse you suffered.
• The type of protection you need.
• You will need to swear that the information you provided is true and correct according to your current knowledge.
It is important that you tell the truth on your application form regarding the specifics of your abuse. Lying about Domestic Violence is a criminal offense and will result in jail time or a significant fine.
You should make sure that you fill out all the data fields in the application form. If there is any part that you don’t understand you can ask the clerk at the magistrate’s court. It is your right to have the Domestic Violence Act and the process of applying for a Protection Order explained to you.
It will benefit your case significantly if you can provide the court with the home or work address of the offender. When you go to the magistrate’s court to apply for a Protection Order it is important that you bring along any photographs and doctor’s notes of medical impact the abuse had on you as well as sworn affidavits of any witnesses or photos of your abuser or abusive acts performed by him or her. Including this type of proof of your abuse may help expedite your case.
The magistrate can request to speak to you or a witness before deciding to grant you an Interim Protection Order which will serve to protect you against further abuse until your court date.
The next step explained…
Once you completed your application form a domestic violence clerk will present it to the magistrate while you wait there. At this time the magistrate will review the facts and evidence of your case and consider any reasons pertaining to the urgency of your protection and any ways you may suffer from a delay in granting such an order.
After reviewing all the information the magistrate will make his decision on granting you temporary protection until the date you and the accused party are to return to court to discuss your application.
If the magistrate decides to grant you an Interim Protection Order this will come into effect as soon as it has been served to your abuser.
On this order you will see a date on which both you and the accused party need to appear in front of the magistrate. On this date the magistrate will review the case to make a decision on granting a Protection Order. Your Interim Protection Order expires on this day and will no longer be valid if you miss your return date.
Should the magistrate decide to grant you an Interim Protection Order, your abuser will be served with a copy of the application you filled out at the magistrate’s court along with a copy of the Interim Protection Order and any of the supporting evidence the magistrate used to make the decision to grant you an Interim Protection Order. The accused party will also be served with a notice summoning them to court on the return date that appears on the order.
In the event that you are not granted an Interim Protection Order your abuser will be served with a copy of your application for a Protection Order along with a copy of any affidavits from witnesses that was presented to the magistrate and a notice summoning them to court on the return date.
Any documents served to the accused party will be delivered by hand either by a sheriff from the court or a police officer.
It is also important to keep in mind that a notice to appear in front of the magistrate has to be served to the abuser at least 10 days before the return date.
