First, apply for the Interim Protection Order by completing Form 6: Interim Protection Order at your nearest Magistrate's Court or High Court. 17 OF 2011) Found inside... apply to a Court for an order restraining such person from continuing business or dealing with the funds or other property held by such person on behalf ... If the alleged harasser breaches a protection order he or she . The steps for obtaining a Protection Order are the following: Before obtaining a protection order, you need to apply for an interim protection order first. If only you appear or both of you appear and request that the interim order be set aside, then it will be set aside. The protection order was contained in the prescribed form and read as follows: "Whereas the Applicant successfully applied for a protection order which was issued on 10 May 2012, and after the considering the facts of the matter; The Court orders that the attached interim protection order be: 1. Found inside – Page xiiMohamed No and Ors, [2003] ZACC 4 (Constitutional Court of South Africa) (ex ... Restraining Order and Restraining Order of United States Magistrate Judge ... Found inside – Page 168105 Six key forms of remedies and penalties stand out : Section 21 ( 2 ) ( f ) “ an order restraining unfair discriminatory practices or directing that ... Maintained by: SITA SAPS Webteam (SITA TIS) A child below 18 years of age or a person acting on behalf of the child may also make an application for a Protection Order. At some courts, you may have to return a day or two later to find out whether the interim order has been granted, while in other courts the forms can be signed the same day; generally, this depends on how busy the court is and how urgent your application is. Found inside – Page 2Decisions of the Supreme Court of South Africa, Apellate Division Sir Alexander ... who prayed for an order “ (a) restraining the respondent or any other ... Ideally, the whole healthcare team should also be consulted. The police should also give you Form 1, which is a document explaining your rights. Once the clerk has received the return of service, they must ensure that a certified copy of the interim order, as well as a warrant for the arrest of the abuser (Form 8) is served on (given to) you. If your abuser is found guilty of breaking the conditions of a protection order in a criminal case, he can be fined or sentenced to prison for not more than 5 years. Having the warrant means that, should your abuser break any of those conditions, all you need to do is complete a sworn affidavit (Form 10) stating how the conditions of the protection order have been broken and hand your affidavit together with the warrant of arrest to the police. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order. Fighting an order of protection (also known as a restraining order) is difficult; as they are protective measures for people who were already victimized, the court takes them very seriously. Once a protection order is granted, it is enforceable throughout the country. Domestic Violence and getting a protection order. Supreme Court of Appeal of South Africa 5th ed by Cilliers, Loots and Nel (Juta & Co Ltd, Cape Town 2009) and Jones and Buckle. If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order. Where the respondent is banned from entering a certain premises, the court will omit the complainant’s address in order to guarantee the complainant’s safety or wellbeing. An Interim Protection Order is only temporary. Whether we have acted for you in the past or you are a new client, we handle all cases with compassion and efficiency. Under what conditions will a final protection order be granted? A member of the South African Police Service is to seize the following arm(s) or dangerous weapon(s) in the possession of the Respondent Relationship between Domestic Violence (DV) incidents registered and DV criminal cases registered: “Any victim of domestic/gender-based violence is advised to first register a domestic violence incident and if necessary a criminal case at their local police station. Confirmed 2. At trial, the magistrate can direct that any cross-examination of you or any other witness by the abuser (where a lawyer isn't doing the questioning for him) be done by putting the question to the court and then having it relayed to you by the magistrate, so that the abuser doesn't question you directly. They are civil orders issued with the aim of preventing a person from committing certain acts against another. The Effect of Settlement Agreements made Orders of Court. The application for an interim protection order may be brought at any time and not only during office hours or on court days. If you don't know the addresses then you should give any information about where they can be found, such as public places or friends they might visit often. Some courts have a room set aside to deal with domestic violence cases. 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. If neither of you appear, and there's no proof of service, then it's likely the interim order will be set aside. Do Not Resuscitate (DNR) orders. Part 5: Statement of abuses Found inside – Page 1078MEMORANDUM & ORDER AQUILINO , Senior Judge : The court was constrained to ... Stainless Steel Plate in Coils from Belgium and South Africa ; and Notice of ... The court may order a police officer to accompany a complainant to retrieve his/her property from a specified place to ensure the safety of the complainant. You can also ask for conditions that are not on the first list. 16/09/11 - 15:46 #8. A Court determining whether a Protection Order should be issued, is permitted in terms of the Act to dispense with the aforesaid written consent where in its opinion the Complainant is unable to give such consent. On this return date, the respondent is afforded the opportunity to present to the court reasons why the protection order should not be made final. Found inside – Page 263In 1954 South Africa was singled out and “invited” to reconsider her position ... South Africa, including breaking off diplomatic relations and restraining ... However, you may bring along up to 3 people to support you. Found inside – Page 6The South African government's commitment to the elimination of violence ... ( a form of restraining order ) under the Prevention of Family Violence Act ... Copyright @2014 South African Police Service (SAPS) 2. Preventing the complainant who ordinarily lives/lived in the shared residence from entering or remaining in the residence or a specified part thereof. Form 3 is available at the court. Although the results indicated that the interim . Because every person with a period deserves peace of mind. Once Form 2 has been completed and certified, you need to take it to the clerk of the court, who will fill out another form called Form 4: Interim Protection Order and set a return date (the date on which your final protection order will be considered) for the case. A court proceeding or hearing of evidence will determine whether a final protection order should be granted. A warrant of arrest is issued immediately on the granting of the final protection order, but it's suspended as long as your abuser does not break the conditions of the protection order. Applying for a restraining order Who can apply for a restraining order? The complainant will have to complete the necessary application forms, which can be obtained from the clerk of the court. South Africa - Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Found inside – Page 88... Court to seek a restraining order against the Port Elizabeth police . ... South Africa's people have moved the struggle against oppression into a new ... enlisting the help of another person to commit any such act; entering a residence shared by a complainant and the respondent or a specified part of the shared residence or the victims place of employment or where the victim resides; committing any other act as specified in the protection order including an order to seize any firearms or dangerous weapon from the respondent; or. No relationship is required, and it can be against someone you don’t even know. Ordinarily, you should go to the courts during the court hours (weekdays from 8am - 4pm). Set aside a protection order. Address: Regus Business Centre 1st Floor, Block B, North Park, Black River Park, 2 Fir Street . 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 court to have the protection order made a final order). . Best viewed at a screen resolution of 1026 x 800 A Protection Order may include a "stay-away" provision requiring that the parties maintain a certain distance away from each other, or may specifically prohibit the alleged perpetrator of violence from entering the workplace. This includes your ID number, home and work address, job, relationship to that person (for example, friend, counsellor, or relative), reason for making the application, and whether you have permission from the person for whom you're applying. Found inside – Page 19restraining order to prevent NMFS from enforcing the ban on setting on ... the Republic of South Africa contravenes the Marine Mammal Protection Act and is ... Child maintenance in South Africa is an issue of legal interest. Found inside – Page 80The first is that South Africa is a society obsessed by law and legal ... and whose mother brought this application for a restraining order to the Supreme ... If your abuser is present and contests the granting of a final protection order, the case will go to trial. In Omar v Government of the Republic of South Africa and Others (Commission for Gender Equality, Amicus Curiae) 2006 (2) SA 289 (CC) the appellant challenged, inter alia, the constitutional validity of s 8 of the Act, in particular the issuing of a protection order accompanied by a warrant of arrest. However, occasionally, relations break down and one or other party invokes the law. The interim protection order has no force or effect until it has been served on the respondent. What happens once a final protection order is granted? 00. Please remember if you go to a court house or justice service point, you must -, (a) at all times wear a cloth face mask or a home-made item that covers the nose and mouth or another appropriate item to cover the nose and mouth, and. Varied domestic violence order A domestic violence order which has had a change made to the condition(s) of the order, the duration of the order and/or the person(s) named in the order. An Order restraining the respondents and supporters of the respondents from participating in, calling for, supporting, encouraging or inciting unlawful behaviour including: REGISTRAR OF THE HIGH COURT OF souTH AFRICA GAUTENG DIVISION, PRETORIA PRIVATE BAG/PRIVAATSAK PRETORIA 0001 2016 18 6.1 6.2 Violence, hate speech, causing damage to pr e 123 45 67 Monday - Saturday - 8:00 - 18:00, Sunday - 8:00 - 14:00 If a protection order has been obtained, the respondent cannot prevent the victim or a child who usually lives at the shared residence, from entering or remaining in the shared residence or any part of it. Whoever serves the order must give the clerk of the court a "return of service" document to confirm that they have served the interim order and state when they served it. Important: If one disobeys the 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. Volunteers are sometimes available to help you with filling out Form 2, and the clerk of the court may also be able to help. This warrant only comes into effect if your abuser breaks the conditions of the interim protection order. This means you don't object to taking a sworn oath and that you consider the oath to be binding on your conscience. It may also help ensure that the abuser continues to pay rent or a bond or interim maintenance. Supporting affidavits by persons who have knowledge of the matter in question, may accompany the application. You or the respondent can have lawyers representing you at any stage of these proceedings. Since 2004 she has been specialising in Contracts, Labour law, Conveyancing . For example, if you've described economic abuse, you should ask that a condition of the protection order be that your abuser not abuse you economically. Every Magistrates Court in South Africa makes provision for granting of protection orders, and in some areas, you will even find specific specialist courts that deal specifically with domestic violence cases. This is so the Sheriff or police can find them. It's essential to obey the temporary order and obtain legal counsel How To Get A Protection Order In South Africa. Restraining orders, also called protective orders, are court orders that protect the person who files it from being physically or sexually abused, or harassed. If such a person want to open a criminal case also, a criminal case will be opened. An adult or child seeking protection can apply for the issue and enforcement of a . Harassment Applications and Orders. Justice and Constitutional Development website, What will happen after completing the application form, When will the interim protection order be granted, What happens once the interim order is granted, What happens if the interim order is not granted, Under what conditions will a final protection order be granted, Under what conditions will the protection order be set aside, Under what conditions will the case go to trial instead, What happens once a final protection order is granted, Department of Justice and Constitutional Development (National). Some of these are listed and you need only tick the correct boxes and fill in details. These documents must be handed to the clerk of the nearest court. Services | SAPS (South African Police Service) Applying for Protection Order. He argued that this infringed on the right . Once a protection order is issued, the court ultimately has the authority to decide whether it should stay in place. Get your South African law questions answered by Experts. An Order restraining the respondents and supporters of the respondents from participating in, calling for, supporting, encouraging or inciting unlawful behaviour including: REGISTRAR OF THE HIGH COURT OF souTH AFRICA GAUTENG DIVISION, PRETORIA PRIVATE BAG/PRIVAATSAK PRETORIA 0001 2016 18 6.1 6.2 Violence, hate speech, causing damage to pr e On the return date, your final protection order can be granted. She specialised in labour Law for 3 years and was then admitted as a Notary and Conveyancer in 2004. Can someone else apply on my behalf? Anyone who is being harassed can apply to the District Court for a restraining order, if the person doing the harassing is not (and has not been) in a family or domestic relationship with the victim. Getting a protection order Domestic violence is any form of abuse which includes physical, sexual, emotional, psychological or economic harassment within a domestic relationship. 10 August 2021 If only you appear but there is no proof of service, then it's likely the interim order will be extended to another return date. Consult a good family lawyer. The serving of such an order will also be done via the SAPS process register [SAPS 264 register] and a return of service is provided by the SAPS official who served the relevant documentation, in order to confirm that the order was indeed served. No pattern is needed, and a first offence can be sufficient for a Harassment Order. protection order which entailed a rule nisi returnable on 3 May 2016. The existence and process to apply for a harassment order: There is legislation in place, where a person can apply for a harassment order in court, if this person believe that he/she is illegally targeted by another person and thereby harassed. In this case, no warrant of arrest is issued. The first step in getting a protection order is for you to complete a form known as Form 2: Application for a Protection Order. having contact with a child or children, if it is in the best interest of the child. If the court is satisfied that there is sufficient evidencethat the suspect is committing or has committed an act of domestic violence/harassment and unnecessary hardship may be suffered by the complainant as a result of the act, the court will issue an interim protection order against the respondent. What happens on the return date? The protection order is enforceable throughout the republic of South Africa. Most landlords and tenants enjoy harmonious relationships and hopefully yours is no different. Found inside – Page 134... Temporary Restraining Order , and Preliminary Injunction , and in Opposition ... by the Government of South Africa which illegally administers Namibia . 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