Stewart Attorneys

Protection Orders

What is a protection order?

A protection order aims at preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing. As long as he/she complies with the protection order, the complainant will be safe. If the respondent contravenes any stipulation of the protection order, he/she may be arrested. Once a protection order is granted, it is enforceable throughout the country.   

Applying for a protection order

  • You will need to complete an affidavit stating what and who you wish to be protected from.
     
  • It’s important to understand that this is an oath and any intentionally incorrect information supplied may result in consequence to you. 
  • Once the affidavit has been completed a magistrate will be made available to you at the court.  They will then ask specific questions relating to your situation and they will then grant an interim protection order based on the facts that you have provided to the courts.
     
  • The application for an interim protection order may be brought at any time and not only during office hours or on court days.  The purpose of this interim protection order is to provide immediate protection to the complainant.  The interim protection order has no force or effect until it has been served on the respondent.  
     
  • The interim protection order is then taken to the nearest SAPS.  The SAPS will then accompany you to serve the protection order.  Your presence is requested so that you can point out the person you require protection from.
     
  • If the person you require protection from owns firearms you will need to state this in your affidavit and notify the SAPS.  Based on what you require protection from, this may result in their firearms being removed.

Which court must I go to?

Although all courts deal with protection orders you will need to go to the court nearest to your place of residence.

All magisterial courts have a family court section and magistrates who are able to deal with an interim protection order.

You can access the Kwa-Zulu Natal courts and court boundaries via an interactive map: https://www.justice.gov.za/maps/maps-kzn.html

 

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