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As part of spreading awareness, we will look at a step-by-step approach to how to obtain a protection order if you feel threatened or have been a victim of Gender-Based Violence.
What is the purpose of a protection order?
A protection order aims to prevent the reoccurrence of domestic violence and sexual harassment.
Once the order is granted, it is valid across the country and if the respondent contravenes the order he/she may be arrested.
1. Go to your local police station and make an affidavit and complete an application form
2. Download and print the application form.
3. Download the document that explains your rights
4. If there are other individuals that could give you additional affidavits to strengthen your case, they may be added.
5. All documentation must then be handed to the clerk of the nearest court where the application will be considered immediately.
The application for a protection order is not limited to the complainant and may be brought on behalf of the complainant by any other person who has an interest in the well-being of the complainant.
The application for an interim protection order may be brought at any time and not only during office hours or on court days.
The purpose is to provide immediate protection.
The interim protection order must be served on the respondent before it can take effect.
The court is also required to issue a suspended warrant of arrest.
A breach of the protection order requires that the respondent must be arrested by the police immediately.
The interim protection order is not a final order from the court, but a temporary order which grants immediate relief until the return date (the date on which the applicant and the respondent, after being given due notice, are to appear before the court to have the protection order made a final order).
On the return date, the respondent is afforded the opportunity to present his/her reasons as to why the protection order should not be made final.
If the respondent does not appear but the court is satisfied that proper notice has been given, then it can make the final order
The victim may request the removal of a firearm or other dangerous weapons.
If ordered by a Magistrate the weapon will be in possession of SAPS until the matter is resolved
The firearm can only be returned to the respondent by order of the court.
Criminal charges may be laid in cases where acts of domestic violence/sexual harassment constitute an offence, such as assault or rape.
You CAN lay a criminal charge without a protection order.
If one disobeys the protection order, it must be reported to the police immediately with a copy of the protection order so that the respondent can be arrested and brought before court.
Only the Magistrate may release the arrested person as the Magistrate issues the warrant.
