SOUTH AFRICA - PROTECTION ORDERS AND HOW THEY WORK

WHO CAN APPLY FOR A PROTECTION ORDER

•  Any person who  is a victim  of  an  act  of  domestic violence  may apply to a court for a protection order

•  An application may also  be  brought by any person who  has  a material interest in the  wellbeing of  a complainant e.g. parent, social worker,  teacher etc

•  Any unassisted minor  or any person on behalf of a minor may apply for a protection order.

• An application may be heard in camera (private)

• A complainant/respondent may be allowed not more than three persons for  the   purpose of  providing support.

• A protection order is valid for life and is enforceable throughout South  Africa

AGAINST WHOM MAY YOU RECIEVE PROTECTION FROM?

 

It must be a person that you have a domestic relationship with, e.g.

•       A person to whom  you are married, whether by civil or customary rites;

•       Your  partner  (whether of  the   same   or  opposite sex) who  lives or has lived together with you, even though you were  not  married to  each  other or are not able to be married to each other (if, for example, one of you was already  married to someone else);

•       The other parent of your child or persons who share parental responsibility with you for a child;

•       Persons  who   are   related  to   you  by  blood   ties, marriage or adoption;

•       A person with  whom  you  shared an  engagement, customary  or   dating  relationship,  including    an actual   or  perceived romantic, intimate  or  sexual relationship of any duration (e.g. one night stand)

•     A person with  whom  you  share or  have  recently shared the  same  residence.

WHAT MUST YOU DO?

 

If you are a victim of any act of domestic violence  as listed above,  approach a local magistrate’s court and request assistance to apply for a protection order. A clerk of the  court will assist you to complete the necessary forms  and take  you before a magistrate who will determine whether to grant an interim protection order or not.

 

WHICH COURT SHOULD YOU APPROACH?

 

Approach a  nearest court where you  live or  work.  If you  were   forced to  leave  your  place  of  residence as a result of  violence  and  you  are  now  living elsewhere temporarily, you may approach a court closest to  your temporary residence.