11/06/2023
A protection order, also called a restraining order or domestic violence interdict, is a court order that tells an abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing the victim again. It may also help ensure that the abuser continues to pay rent or a bond or interim maintenance. The protection order may also prevent the abuser from getting help from any other person to commit abusive acts.
Steps to obtain a protection order:
Apply for a protection order at a Magistrates Court nearest to where you live and work, at any time, during and outside court hours as well as on public holidays or weekends.
First, apply for the Interim Protection Order by completing Form 6: Interim Protection Order at your nearest Magistrate’s Court or High Court.
Once you have applied for the Interim Protection Order, complete Form 2: Application for Protection Order at your nearest Magistrate’s Court or High Court.
The application must be made by way of an affidavit which states the:
facts on which the application is based
nature of the order
name of the police station where the complainant is likely to report any breach of the protection order.
Where the application is brought on behalf of a complainant by another person, the affidavit must state the:
grounds on which the other person has a material interest in the well-being of the complainant
occupation of the other person and capacity in which such a person brings the application
written consent of the complainant, except in cases where the complainant i a minor, mentally re****ed, unconscious or a person whom the court is satisfied that he or she is unable to provide the required consent.
On receipt of the form, the clerk will send your application to the magistrate who will then set a date for you to return to court, so that your application can be considered.
The magistrate will also prepare a notice to inform the abuser about the protection order and when he or she should come to court.
After the court appearance, the magistrate may grant the protection order.
