Domestic violence and harassment are serious issues that can have devastating impacts on individuals and families. In South Africa, the law provides a way for those affected by domestic violence or harassment to seek protection through a court-issued protection order.
A protection order is a legal document issued by a court to prevent further harassment or abuse. It serves as a formal warning to the perpetrator, instructing them to stop their abusive behavior immediately. Violating a protection order can lead to serious legal consequences, including arrest and imprisonment.
This guide will help you understand what a protection order is, the steps to apply for one, and what you need to know to ensure your safety.
Types of Abuse Covered by a Protection Order
- Physical Abuse: Hitting, slapping, punching, or any other form of physical violence.
- Emotional or Psychological Abuse: Insults, threats, intimidation, or any behavior causing emotional harm.
- Sexual Abuse: Any form of unwanted sexual activity.
- Economic Abuse: Withholding financial support or preventing the victim from accessing their own money.
- Harassment: Stalking, repeated unwanted contact, or any behavior causing distress.
- Damage to Property: Destruction of property belonging to the victim.
- Other Forms of Controlling Behavior: Any act that places the victim in a position where they fear for their safety or well-being.
Read More: How to Spot an Abusive Partner Early in a Relationship
Steps to Apply for a Protection Order
- Visit a Police Station:
- The complainant must first visit a police station to make an affidavit and complete an application form. Before filling out the form, it’s crucial to read the “Notice to Complainant in a Case of Domestic Violence” document, which outlines your rights and steps to protect yourself, your children, and other household members.
- Submit Supporting Affidavits:
- The application may be accompanied by affidavits from individuals who have knowledge of the situation. These supporting documents strengthen your case by providing additional evidence of the abuse or harassment.
- Submit Documents to the Court:
- All completed documents must be submitted to the clerk of the nearest Magistrate’s Court. The court will review the application immediately to determine if there is sufficient evidence to grant a protection order.
- Who Can Apply:
- While the complainant usually applies for the protection order, any concerned person (such as a counselor, health service provider, social worker, teacher, or SAPS member) may apply on their behalf, particularly if they are in a vulnerable position.
- Interim Protection Order:
- If the court finds enough evidence of domestic violence or harassment and believes the complainant may suffer undue hardship, it may issue an interim protection order. This temporary order provides immediate protection to the complainant and can be requested at any time, even outside of regular court hours.
- Serving the Interim Order:
- The interim protection order is only effective once it has been served to the respondent. Along with the interim order, the court issues a suspended warrant of arrest for the respondent. If the respondent violates the order, they can be immediately arrested.
- Court Hearing for a Final Protection Order:
- The interim order is temporary, granting protection until a scheduled court hearing (known as the return date). Both the complainant and the respondent are required to attend this hearing. The respondent will have the opportunity to argue against making the order final.
- Final Protection Order:
- If the respondent fails to appear in court and the court is convinced that they were properly notified and there is sufficient evidence of abuse or harassment, a final protection order may be issued. This order can include various stipulations to prevent further abuse, such as:
- Prohibiting specific acts of domestic violence or harassment.
- Restricting the respondent’s access to shared or separate residences.
- Limiting the respondent’s contact with the complainant or children involved.
- Removal of Firearms or Dangerous Weapons:
- When applying for a protection order, the complainant can request that the respondent’s firearm or any dangerous weapon be confiscated. The court may order the police to remove and retain the weapon until the case is resolved, adding conditions or prohibiting its return to the respondent to ensure the complainant’s safety.
- Laying Criminal Charges:
- In cases where domestic violence or harassment also constitutes a criminal offense (such as assault or rape), the complainant can press criminal charges. This can be done in addition to applying for a protection order, without the need to exhaust all remedies under the order first.
- Accompaniment to Retrieve Personal Property:
- The court can also instruct a police officer to accompany the complainant to a specific location to safely retrieve their personal belongings.
- Reporting Violations:
- If the respondent disobeys the protection order, it is vital to report the violation to the police immediately, providing a copy of the order. The police will then arrest the respondent, who will be brought before the court. Only the Magistrate has the authority to release the respondent.
Tips for Your Safety
Applying for a protection order can be a daunting process, especially if you fear for your safety. Here are some tips to help you stay safe:
- Have a Safety Plan: Know where you can go and who you can call if you feel threatened. Keep important documents and emergency numbers handy.
- Seek Support: Reach out to friends, family, or a support organization for emotional support and practical help.
- Use a Confidential Address: If possible, provide a safe, alternative address on your application to keep your whereabouts confidential.
- Stay in Contact with the Police: Keep in regular contact with your local police station to ensure they are aware of your situation and can respond quickly if needed.
- Consider Counseling: Professional counseling can provide emotional support and help you process the trauma of abuse or harassment.
Legal Assistance and Support Services
If you need additional support or legal advice, there are several organizations in South Africa that can help:
- Legal Aid South Africa: Provides legal assistance to those who cannot afford private lawyers.
- South African Police Service (SAPS): Offers support and guidance in cases of domestic violence and harassment.
- Thuthuzela Care Centres: Provide integrated services for victims of sexual assault and domestic violence.
- Non-Governmental Organizations (NGOs): Such as POWA (People Opposing Women Abuse), TEARS Foundation, and Women and Men Against Child Abuse, offer various support services, including counseling and legal advice.
Read More: Child Maintenance 101: Legal Obligations and Application Process
By following these steps, individuals facing domestic violence or harassment can take proactive steps to safeguard themselves and their loved ones. Remember, a protection order is not just a legal formality; it’s a critical step toward breaking the cycle of abuse and ensuring a safer, more secure future.
