A protection order in the context of domestic violence is an order by the court that prevents someone from further engaging in any form of domestic violence.

A protection order states exactly what conduct the offender must stop. For example, a protection order will state that the offender must stop all forms of domestic violence such as assaulting you or insulting you. The protection order may also state that the offender must not enter your residence or workplace and must not contact your children.

If the offender breaches a protection order, he or she may be arrested. A protection order can be enforced anywhere in South Africa, regardless of where it was granted.

How Do I Apply For A Protection Order?
Firstly, you must make an affidavit and complete an application form which you can find at any  police station or by clicking here.
You are strongly advised to carefully read the “Notice to complainant in a case of domestic violence” before you complete the above application form. This document explains your rights and other steps you can take to protect yourself or other members of your family. You can find this document by clicking here.
Collect affidavits from people who can support your application such as neighbors who witnessed the domestic violence.

You must then hand in your application form and the affidavits you collected to the clerk of the nearest court. You can take this application to the court anytime, even after working hours and weekends and the court will consider your application immediately.
Can Someone Else Apply On My Behalf?

Yes.

Anyone who has interest in the well-being of the victim can apply for a protection order. For example, a counselor, a health service provider, a social worker, a teacher or a member of the SAPS.

What Is The Process For the Court To Grant Me A Protection Order?
After receiving your application and the court is satisfied that there is sufficient evidence that the offender is committing domestic violence, the court will issue an interim (temporary) protection order which will immediately protect you. However, the interim order has no force until it has been served on the offender.
The court will also issue a suspended warrant of arrest for the police to arrest the offender immediately if he or she breaches the protection order.
The court will also set a return date for the offender to present to the court reasons why a final protection should not be given. The court will then make the decision to grant a final order.
The court can also grant a final order if the offender does not appear on the return date and the court is convinced the offender was given sufficient notice.

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We hope this has been as useful as it is simple.

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