Unfortunately, abuse is a common aspect of South African life and the law does give you the opportunity to protect yourself the way to do it is through a protection order.
What is a Protection Order?
Protection orders are court orders mandating a person with whom one has or has had a domestic relationship (the respondent) to cease abusive behaviour.
This is a legal document that outlines the conditions that an abuser must follow as specified by the courts.
Step 1: Gathering evidence
Be sure to gather all the evidence you need to prove the abuse. Exactly what kind of abuse are we talking about?
Physical abuse is not the only form of abuse. Harassment, threats of violence, economic abuse, and anything that prevents you from feeling safe can all be considered abuse. Evidence of abuse must be gathered in order to prove it. WhatsApp messages, screenshots, emails, videos, and photos can be used as evidence.
Step 2: Gather information and documentation
The documentation that is needed is the J88 form. You can get this form online or at your nearest family court. Doctors complete the J88 form, which shows drawings of the human body. In your examination, the doctor marks the wounds and bruises you have (bruises, etc.) on the drawings. This is valuable evidence for the court.
Your nearest police station can provide a J88 form. If you have an interim protection order, make sure to bring that with you. Check with the police department if they have any J88 forms. If not, contact the clerk where you obtained your protection order. You should take the J88 form to your doctor at a hospital or clinic, who will examine your injuries and fill it out for you.
A copy of the filled-out J88 form should be sent to the police station and filed in your file. The other copy should be kept with you.
Step 3: Go to the nearest family court
The clerk at the front will be able to assist you with the application for an interim protection order. The magistrate’s court or the High Court is a domestic violence court.
To get an interim protection order, you need to go to the magistrate’s court in the area where you live, where the respondent lives, or where the abuse happened.
Written statements (affidavits) will be required to support your request:
- the facts on which the application is based;
- the nature of the order; and
- Name the police station to which you will likely report any violation of this order.
An affidavit must state the following if you are represented by another person:
- Based on which they have a material interest in your wellbeing;
- The occupation and capacity of those bringing the application;
- your written consent, except in cases as outlined above.
Step 4: Serving the papers on the respondent
The respondent is the name we use for the person that you are taking the protection order against. You can obtain the police or sheriff to serve the interim protection order. It is important to note that when the police serve the order it is done at no charge, however, when the sheriff serves the order, you will have to pay.
Until the respondent is served, an interim protection order does not have any effect.
Once the interim protection order has been granted and served to the respondent, you are able to arrest him for disobeying the order. Respondents who violate any of the terms of the order can face both a fine and a prison sentence.
Furthermore, the court issues an arrest warrant for the defendant along with the interim protection order.
A warrant of arrest is suspended pursuant to the interim protection order pending compliance with a number of conditions and prohibitions.
Step 5: Protection order made final
A protective order is final if the respondent fails to appear in court on the date of the hearing.
Whether the respondent appears in court or not, you and the respondent will present evidence to the court along with any other witnesses who may have been called.
In order to make a decision, the court will weigh all of the evidence.
