Most victims of gender based violence are women and girls. And more often than not the perpetrator is known to her. They are often in a relationship – married, partners, living together or have children together. Sometimes the perpetrator can be the parent of the victim.
South Africa has a Domestic Violence Act which is meant to give protection to anybody who is a victim of domestic violence. That protection comes in the form a protection order. A protection order is an order of court that orders the perpetrator of violence to stop. Sometimes the protection order can also order the perpetrator to do something – like pay emergency maintenance.
If you are a victim of domestic violence, or you know someone who is, then it is important that you know that you can get help. You get a protection order from your nearest magistrate's court.
Who can you get a protection order against?
You can get a protection order against anyone you are in a domestic relationship with and this includes:
Someone you are married to – including a customary marriage
Someone you live with or used to lived with – even if you are not married
You are or were co-parenting a child
You are family members – including in-laws
You are or were in a relationship with them – including dating, an engagement or a sexual relationship
What can you get a protection order against?
You can get a protection order against any domestic violence. That violence is not limited to physical violence. You can get a protection order against:
Physical abuse
Sexual abuse
Emotional, verbal or psychological abuse
Economic abuse
Intimidation, harassment or stalking
Damage to property
Entering your property without your consent
Or, any other controlling or abusive behaviour
Economic abuse is when the perpetrator deprives you of money or resources you need or are entitled to including household expenses, rent or bond payments. This could include stealing your money, refusing to buy food, refusing to pay children's school fees, refusing to give you money to buy groceries or selling your household things.
How do you get a protection order?
You do not need a lawyer to get a protection order. You just need to go to the magistrate's court near you – or the magistrate's court near to where the abuser lives or works – where you will get help from the Clerk of the Court. Every Magistrate's Court has a Clerk of the Court office.
When you get to the Magistrate's Court you must ask for the Clerk of the Court or for the Domestic Violence section.
The Clerk of the Court, or a Clerk in the Domestic Violence Section, must help you to make a application for a protection order.
You must take your evidence, if you have any, with you and affidavits or statements from any witnesses. Your evidence could be medical report or certificate, receipts, a police report, photos, eye-witness statements.
What is an interim order?
The interim order is issued by the magistrate based on your application. The Magistrate must have enough evidence in front of them to grant you a order immediately. This is why its important to take as much evidence with you to the court as possible.
But the law requires the court to hear the other side. So you will likely get a interim order, which has all the power of a final order, until the court can also hear from the other party.
What is the return date?
An interim order will be granted but it will require you and the abuser to come back to court, usually about two weeks later, when the court will listen to your story and the other side's story.
This will give the court a fair chance to decide on whether the protection order can be made a final order.
You must go back to the court on the return date which will be indicated on the interim order.
If you don't show up the order will be cancelled.
What if the abuser ignores the protection order?
Once the interim order or final order is granted by the Magistrate it must be served on the other party. The Clerk of the Court will advise you on getting the order served – either by the sheriff of the court or the police.
If the abuser ignores the order in any way you must immediately report this to the police who must arrest the abuser once you have made a sworn statement as to what happened.
Need help?
If you are in doubt about whether you can get a protection order please ask at your nearest magistrate's court.
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