What Is The Process To Apply For A Protection Order?

Abrie van der Merwe – Associate

To apply for a protection order in terms of the Domestic Violence Act or the Protection from Harassment Act, you need to attend to the Magistrate’s Court in whose jurisdiction you reside, go the Court clerk and request the appropriate form, which will then be filled out and handed to the clerk.

The relevant forms are also available online, which makes it easier to complete in the comfort of your own home and then taking it to Court later that day or the next day.

Once the forms are handed to the Court clerk, a Magistrate will then consider the application and decide whether to grant the order or not.

It is important to set out all the facts pertaining to the act of domestic violence or harassment so that the Magistrate is in the best position to consider your application.

It is advisable that you consult with an attorney before pursuing a protection order as it is common for Complainants to omit relevant information, which could ultimately lead to your application being dismissed and you feeling like you haven’t told your story to the Magistrate properly.

Once the Magistrate has made a decision on your application, the Court clerk will provide you with the relevant documentation reflecting the outcome of the application.

Your application can either be granted (in which case the Magistrate will grant an interim protection order), can be dismissed or the Magistrate can issue a Notice for the Respondent to come to Court on a specific date to show cause why a final protection order should not be granted.

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