Cape Town - As a woman living in South Africa it is not easy, as a shadow of fear constantly hovers over us as the scourge of gender-based violence continues.
As a nation where few men are prepared to take a stance to protect us, I have compiled a how-to guide for women trapped in an abusive relationship and who do not know where to turn to, here is some help on how to apply for a protection order.
A protection order is an order issued by a court ordering a person with whom one has or had a domestic relationship with to stop the abuse.
Children can also apply for protection and if the child is too young, a parent, guardian or anyone acting on behalf of the child may apply for permission for a protection order.
What you need to know is that a protection order prohibits a respondent (abuser) from:
- Enlisting another person to commit any acts against you.
- 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 act as outline in the protection order
- Financially threatening a complainant by making monetary relief available.
How do you apply?
- Make an affidavit and complete an application form at a police station. If in a shared household, take note of the section ‘notice to complainant in a case of domestic violence’ which explains your rights and steps to take to protect yourself, children and others.
- Have supporting affidavits of persons who have knowledge of the matter.
- Once completed, the documents need to be handed to the clerk at your nearest court. The court will consider the application immediately.
- A protection order is not limited to the complainant and can be brought on behalf of a complainant by any person who has an interest in the well-being of the complainant, and this can include a healthcare worker, counsellor, social worker, police officer or teacher.
- Should the court be satisfied with the evidence, it would issue an interim protection order against the respondent.
- An application for an interim protection order can be brought at any time.
- The interim order is to provide immediate protection. A return date to which both parties will appear in court and after presenting their cases it is up to the court to decide to make the protection order final.
- Do note, the order has no effect until it has been served to the respondent.
- The court is also required to issue a suspended warrant of arrest for the respondent, meaning should the respondent breach the order, they must immediately be arrested by police.
- Should the respondent not appear in court on the return date, the court can make a final order on the day.
- If the protection order is breached, contact the police immediately.
It is important to note that a complainant may request the removal of the respondent’s firearm or any other dangerous weapons they may have. The firearm or weapon will be held in police custody until the case has been finalised. The items may only be returned to the respondent if the court ordered this.
While you may be in possession of a protection order, please note that it does not mean you have to exhaust all avenues first before filing criminal charges.
Criminal charges can be filed with or without a protection order.
robin.francke@inl.co.za
IOL