Protection Orders in South Africa: Your Guide to Legal Protection

Protection orders are legal documents that can be obtained to protect individuals who have been or fear becoming victims of domestic violence, harassment, or abuse. In South Africa, protection orders are an important legal tool that can help victims of abuse feel safer and more secure. If you are a victim of domestic violence or harassment in South Africa, this guide will help you understand how protection orders work and how to obtain one.

What is a Protection Order?

A protection order (a.k.a. a restraining order) is a Court order that prohibits a person from engaging in certain behavior towards another person. This can include orders to stop contacting the victim, to stay away from the victim's home or workplace, or to refrain from any form of violence or harassment. Protection orders can be issued to protect victims of domestic violence, harassment, or stalking, among other forms of abuse.

Conduct that can be included in a Protection Order?

A protection order can prevent the respondent from:

• committing any specified act of domestic violence/sexual harassment;

• entering the joint residence or entering a specific part of the residence;

• entering the victim’s residence if they are not living together;

• entering the victim’s place of employment/office; and/or

• having contact with a child or children, if it is in the best interest of the children.

Applying for a Protection Order

To apply for a protection order in South Africa, the victim must go to the nearest magistrate's court or police station and fill out an application form. The application must include details about the abuse or harassment, as well as any evidence that can support the application. The evidence can include photographs, medical reports or witness statements.

Once the application is submitted, the court will review the information provided and determine whether a protection order should be granted. If the court decides that a protection order is necessary, it will issue an interim protection order, which is a temporary order that lasts until a final protection order can be granted.

Legal Process for Obtaining a Protection Order

To obtain a final protection order, the victim will need to attend a court hearing. During the hearing, both the victim and the abuser will be given the opportunity to present their case. If the court is satisfied that the victim has been or is likely to be abused, it will issue a final protection order.

A final protection order can be valid for a period of up to five years, and it can be extended if necessary. It is important to note that a protection order is a legally binding document, and anyone who violates it can be arrested and prosecuted.

Enforceability of Protection Orders

Once a protection order is granted, it is enforceable throughout the country. If the person in respect of who the protection order applies contravenes any stipulation of a protection order, he/she may be arrested.

Contravention of a Protection Order

Violation of a protection order can be treated as a crime or contempt of court. If a person disobeys a protection order, it must be reported to the police immediately with the copy of the protection order so that the respondent can be arrested and be brought before court.

Conclusion

Protection orders are an important legal tool that can help victims of abuse feel safer and more secure. If you are a victim of domestic violence or harassment in South Africa, it is important to know that you have legal options available to you. By understanding how protection orders work and how to obtain one, you can take the necessary steps to protect yourself and your loved ones.

If you need assistance with obtaining or enforcing a protection order, please contact our offices to schedule a consultation with one of our specialist family law attorneys will be able to assist you.