DIVORCE & MEDIATION

FAMILY LAW MEDIATION

CHILD MAINTENANCE

DOMESTIC VIOLENCE

CHILDREN'S COURT

LEGAL DOCUMENTS

GENERAL LITIGATION

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Oppermans Inc

What to expect at court

 

The Return Date

When you return to the court you will be given the opportunity to tell the magistrate your story and explain why you feel you need a final protection order. After you stated your case, the person you accused of abuse will get an opportunity to explain their side to the magistrate. This person can at this time give reasons explaining why they believe you should not be granted a protection order. The court may allow the accused party to direct questions to you and challenge your evidence.

 

After listening to both sides, the magistrate may ask the two of you some questions after which he or she will decide whether or not to grant the protection order.

 

This hearing takes place in civil court and both parties are permitted to bring an attorney. It is also within your rights to request that your abuser may not be allowed to address you directly.

 

If your abuser failed to show up on the return date, the magistrate may grant you a final protection order if he or she is convinced that all the relevant documentation was served to the accused party. Alternatively the magistrate could postpone your case and send the accused party a new notice with a new return date.

 

 

The final protection order

 

The Final Protection Order may include rules stating that the abuser is not allowed to enter your home or a part of the home if you live together and your workplace. The list of conditions may also include particulars about committing any further acts of domestic violence against you or arrange for others to commit these acts on their behalf.

 

The Protection Order can also prevent you from sharing a home with your abuser or going into their home or workplace. The police can be ordered to remove any dangerous weapons from your abuser. The abuser may be ordered to pay you emergency maintenance or any medical fees or financial loss that was the result of the abuse.

 

Your abuser, by discretion of the court, my be prevented from seeing your children or be permitted to only see them under certain conditions.

 

 

Contravention of the Protection Order

 

If the abuser breaks any of the rules stipulated on the Protection Order, you need to report them to the police. At the police station you will need to make an affidavit with the details of the contravention of your Protection Order.

 

The police may arrest your abuser if the contravention was serious or they believe there will be more abuse to come or that you are in any danger.

 

If the local police do not arrest the abuser, they will serve him a notice to appear in court for the offense.

 

 

What is the role of SAPS in domestic violence cases?

 

The Domestic Violence Act explains the duties of the police regarding victims and offenders. There are other directives like the Service Charter for Victims that stipulates the way victims of violence ought to be treated.

 

You are entitled to the officers’ badge numbers and names who are handling your case. If you ask for it they have to provide you with those details.

 

The officers at the Police station have to treat you with kindness and respect and under all circumstances act professionally towards you.

 

An officer of the SAPS may not refuse to take your statement when you report your case of domestic violence at the police station and they are obligated to come to the crime scene if you call them out to the location where you fell victim to domestic violence.

 

It falls within the duties of the officer attending your case to assist you in getting medical treatment as well as provide you with the details of institutions that can assist you with counselling, shelter and further medical care.

 

It is your right to be informed of your rights as stipulated in the DVA in a way that you understand as well as your right to lay a criminal charge against your abuser. This right is not affected by wether or not you decide to use the DVA and file for a protection order.

 

The police has to remove any dangerous weapons from your abuser that can be used against you and arrest this person if the abuse was serious and you could be in danger should he be allowed to roam free.

 

They will also be obligated to arrest him granted that you have a suspended warrant for arrest with your protection order in the event of serious abuse or serve him with a notice to appear in court if he broke the rules of your protection order.

 

 

Warrant of arrest in event of breach of the protection order – how does it work?

 

Your protection order will be issued with a suspended Warrant of Arrest. This warrant will be used by the police if the abuser contravened the protection order.

 

If the policed used the warrant of arrest you need to go back to court to get a new suspended warrant of arrest incase the offender breaks a rule again.

 

To get a new warrant of arrest you will need to make an affidavit explaining that your first warrant was terminated and for your safety you require another warrant of arrest. You need to repeat this process everytime your abuser gets arrested for contravention of the protection order.

 

The warrant of arrest needs to be kept safe as it will be useless if it is lost or destroyed.

 

 

What if the police fails me?

 

If you feel the officer you dealt with didn’t act accordingly you may complain to the Station Commander of the relevant police station. Following your complaint, disciplinary steps will be taken against the officer who didn’t act according to protocol.

 

It is important that you take the badge number and name of an officer whose service you are not happy with as this will greatly assist their superior officer to discipline them.

 

You may also lodge your complaint with the Independent Police Investigative Directorate – a directorate with the authority to investigate claims of Police Misconduct.

 

 

Stopping or changing Protection Orders

 

A protection order issued by the court cannot stop unless you go back to court to withdraw the order. It can be used for many years and incidents without expiring.

 

Your abuser can by no means interfere with the protection order without a notice being sent to you. If he wants the order set aside, he has to apply to court and you will be notified to come to court for a review of the order.

 

You can report your domestic abuse online through the GBV Command Centre or the Institute for Social Development & Justice. The Centre is able to refer calls directly to SAPS (10111) and field Social Workers who respond to victims of GBV immediately.

GBV Command centre website

Institute for Social Development website

A protection order issued by the court cannot stop unless you go back to court to withdraw the order. It can be used for many years and incidents without expiring.
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