Know where to get help

• LifeLine

  LifeLine, established in 1970 was borne out of a need for community members to have access to a 24-hour telephonic service which could provide psychological and social assistance in times of trauma and stress. The aim is to cultivate and grow emotional wellness in individuals and communities by healing emotional trauma and crisis through counselling; reducing emotional trauma and crisis through training and capacity building and engaging and mobilising communities. 

  LegalWise Welkom and Vereeniging Branches will host ongoing workshops with Lifeline staff to equip them with legal knowledge to handle instances of domestic abuse, rape, etc.

  LifeLine counsellors are available 24 hours/ 7 days a week via their national counselling helpline on 0861 322 322 or their Gender Based Violence toll-free hotline on 08000 150 150

  www.lifelinesa.co.za

• Champions for Change

  Champions for Change, was born out of two strands of need, identified by two sisters in their respective fields of work: nursing and education. Myrna Thomas and Gwendoline Pretorius found their professional paths aligned when they became involved in police victim support volunteering and forensic post trauma support on the one hand and child-care, child protection and child safeguarding on the other.

  The organisation strives to provide physical and emotional support to survivors of trauma & violence; helping them in their moment of need. They work in partnership with SAPS Victim Support & Empowerment Programmes, and with other NPOs to build resilient communities capable of supporting survivors.

  The organisation caters specifically for female abuse and rape survivors, offering trauma counselling to victims as well as weekly support groups that cover topics such as bereavement, domestic violence, rape and self defence.

  LegalWise employees from the Legal Call Centre will donate care packages to Champions for Change for women and children in the shelter.

  General Enquiries 063 040 6897

  Gwendoline Pretorius  083 381 8707

  https://www.facebook.com/champ4change/

• Huis Jabes

  Huis Jabes located in Bellville in Cape Town, is passionate about providing a safe haven for abused women and children where they can recover and be rehabilitated. Adri Klindt founded the project in 2008 when she became aware of an abusive situation and wanted to make a practical difference.

  Adri Klindt 083 564 3313 adri@sostrust.co.za

  info@sostrust.co.za

• The Haven Light and Life Shelter – Pietermaritzburg, KwaZulu Natal

  A place of safety for abused women and children, providing immediate assistance, shelter, clothing, and basic amenities

  Address: 80 Pietermaritz St, Pietermaritzburg, 3201

  Phone: 033 394 0228

• Nelspruit Community Forum – Nelspruit, Mpumalanga

  Established in 2004, Nelspruit Communality Forum provides a centralised service point offering services to the homeless. They provide temporary shelter, offering medical attention including rehabilitation for drug addicts. They assist those who have been abused and focus on reuniting families.

  Address: 36 Branders St, Nelspruit, 1200

  Phone: 013 752 2140

• Peace Home – Blaauberg, Western Cape

  Established in 2015 by Aziza Nolan, Peace Home helps rehabilitate young victims of abuse and neglect, giving them a second chance in life. The home aims to give the children in their care expert counselling, education, health-care, love and understanding with a long-term view to reintegrate them into society.

  Peace Home’s mission also includes the provision of support in ad-hoc cases by being a temporary safe haven for children removed from dire and/or dangerous circumstances.

  Aziza Nolan Cell: 0711179474

  Phone: 021-5563186

  Email: peacehomenpc@gmail.com

• SAVF Soshanguve Drop-in Centre – Tshwane, Gauteng

  The purpose of SAVF Pretoria is to protect the most vulnerable by providing free social work services to identified communities in the Tshwane area. The drop-in centre provides after-school programmes aimed at providing learners with homework assistance and life skills training.

  The aim of SAVF is to maximize the strength and existing potential of families by empowering the human capacity of all people, creating opportunities to develop and build their own capacity and support networks.

  Ma Anna Cell: 072 332 2878

  Phone:  (012) 325 3920

  Website: http://www.savfptasocialservices.com

• Ayran Benevolent Home – Chatsworth, KwaZulu Natal

  The organisation was establishment in 1921 with the aim of offering care to the most vulnerable in our communities. They offer care and shelter to a number of groups including the aged and frail, victims of abuse and violence, children in need and the mentally and physically disabled.

  Kogie Govender Cell: 061 477 7207

  Phone: 031 404 9523

  Website: http://abh.org.za

• Polokego Shelter for Abused Women & Children – Krugersdorp, Gauteng

  Established in 2004, the shelter offers a safe haven for abused women and children and victims of human trafficking.

  Address: 85 Commissioner St, Krugersdorp, 1739

  Phone: 011 665 1725     

• The Cradle of Hope – Krugersdorp, Gauteng

  The Cradle runs a number of projects in support of women and children at risk including a pre-school and a shelter for abused women and children.

  Their main focus is the House of Restoration which is a safe-haven for destitute, abused and vulnerable women and children, as well as young teenage girls. The ladies, young girls and children that come to the house have all been the victims of abuse and violence. Here the ladies are given the opportunity to regain their human dignity and self-worth. Mothers and children are accommodated together thereby keeping the family together as a unit. They receive counselling and therapy and are taught various skills aimed at enabling them to fend for themselves and their children.

  Address: 37 Dekker St, Krugersdorp West, Krugersdorp, 1739

  Phone: 011 660 4623

  Website: http://thecradleofhope.org

• ACVV Port Elizabeth – Port Elizabeth, Eastern Cape

  The organisation provides assistance to destitute and abused women and children. They have two social workers that provide support. They provide counselling, workshops, community projects and functions, awareness campaigns, social work and family reunification, community outreach and helping through emergency relief care among many other services.

  Contact them: Phone: 041 360 8955

  Website: https://www.acvvpe-wes.co.za/

• ENGO Huis Amore – Bloemfontein, Freestate

  ENGO Child and Youth Care centres care for children who have been removed from their homes. Huis Amor is one of these centres and creates a homely atmosphere for the children and are located within the community.       

  Suzan: 072 861 4339

  Phone: 051 407 7222

  Website: https://www.engo.co.za/eng/services/childyouthcare.php

Watch our YouTube videos on domestic violence, bullying and sexual harassment.

Self-help Legal Articles

• Are you being harassed?

  HARASSMENT

  Date: October 2019

  What is harassment?

  • When a person’s behaviour is so extreme, abusive or rude that it causes harm to another person or makes another person believe that s/he will suffer harm. This may include mental, psychological, physical or financial harm.
  • Harassment may be caused, for example, by a person:
    • following, communicating with, watching, or bothering another person; or

  • sending letters, gifts, faxes, or emails to such a person.

  What can a person do if s/he is being harassed?

  • If a person (“complainant”) believes that s/he is being harassed by someone (“respondent”), s/he may apply for a protection order in the Magistrate’s Court (“court”).
  • If the complainant is a child, s/he can apply for a protection order on his/her own and does not have to be assisted by a parent or a guardian.

  • It is also possible for a person to make an application for a protection order on behalf of the complainant. This means that, any person who has an interest in the wellbeing and safety of the complainant can make an application. If the complainant is older than 18 years of age, the written consent of the complainant is required to make an application on his/her behalf.

  • It is not a requirement for the complainant to be in some sort of a relationship with the respondent. This means that the respondent can be any person, for example, a stranger to, a friend of or someone working with the complainant.

  How can a person apply for a protection order?

  • A complainant can apply with the clerk of the court in the area where the complainant or respondent lives, works, or where the harassment took place.
  • The clerk will help the complainant to complete the application for a protection order, together with a written affidavit, which will be given to the court for consideration.
  • A complainant can also lay a criminal charge against the respondent at the Police Station in the event of an assault, trespassing, and so on.

  What happens if a person does not know who is harassing him/her?

  • The police may carry out an investigation to find the name, address or any other    information of the unknown respondent. For example, if the complainant suspects that the respondent is working with him/her, the police may request the complainant’s employer to provide them with access to the information of the respondent.
  • Any person who does not provide the police with the requested information, is guilty of a criminal offence and will be liable to a fine or imprisonment of up to six months.

  What will happen after an application for a protection order was filed at court?

  • If there is enough evidence to prove harassment, an interim protection order will be issued, together with a suspended warrant of arrest. 
  • The interim protection order must be delivered to the respondent. It will tell the respondent when s/he must be at court to defend him/herself (“return date”).
  • If the respondent does not appear at court on the return date, the court may issue a final protection order.
  • If the respondent appears at court on the return date, s/he must provide the court with good reasons why a final protection order must not be issued.
  • A final protection order will only be issued if there is enough evidence to prove harassment.
  • The final protection order will contain certain conditions to ensure the safety of the complainant. If the respondent does not follow these conditions, s/he will be guilty of an offence and will be liable for a fine or imprisonment of up to five years.

  • The suspended warrant of arrest remains valid until the protection order expires (after five years or a time period decided by the court), or is cancelled.

  May a person be dismissed for harassing someone at work?

  • Harassment includes sexual harassment in the workplace.
  • Unwelcome sexual gestures may constitute sexual harassment and the complainant must bring these gestures to the attention of his/her employer immediately.
  • If the employer fails to take immediate and appropriate steps to prevent the sexual harassment, the employer may be held liable for damages, and its failure to assist the complainant may lead to a claim for constructive dismissal.
  • Sexual harassment is also a form of misconduct, this means that the employer must take disciplinary steps against the respondent, which may result in his/her dismissal. 

  Glossary of terms:

  CHILD: a person under the age of 18 years.

  CONSTRUCTIVE DISMISSAL: when an employee resigns because their employer's behaviour became so intolerable at work that s/he had no choice but to resign.

  FINAL PROTECTION ORDER: is a court order confirming an interim protection order, preventing the respondent from harassing the complainant. It will be issued if the court is satisfied that the harassment exists.

  INTERIM PROTECTION ORDER: is a court order confirming temporary protection, prohibiting the respondent from harassing the complainant. It is generally issued on the first day when the complainant applies for a protection order.

  SEXUAL HARASSMENT: unwelcome sexual attention, behaviour, suggestions, messages, or remarks of a sexual nature that offends, intimidates or humiliates the complainant; a promise or reward for sexual deeds; or a sexual threat.

  SUSPENDED WARRANT OF ARREST: a document issued by the court, authorising the police to arrest the respondent. The actual arrest is delayed until the respondent fails to comply with a condition ordered by the court.

  How can LegalWise assist you?

  Should you require an explanation of your rights on this topic, please contact your nearest branch.

• What is sexual abuse?

  No-one deserves to live in fear: You CAN do something about it.

  Lisa and her boyfriend have been living together for the past six months. It was all sunshine and roses in the beginning, but it suddenly changed when her boyfriend started to abuse her by getting violent and calling her bad names. He refuses to leave and bursts into violent rages when she tries to break up with him. With the current news on girlfriends being killed by their boyfriends, she is scared that it might happen to her and wants to know how she can avoid it.

  • Domestic violence is where one person is being harmed by another person while they are in a domestic relationship (for example, a couple dating each other, a married couple or family members).
  • There are various forms of domestic violence and include, among other things, physical abuse (for example, being punched or kicked) or emotional abuse (for example, being insulted or humiliated).
  • From the facts, Lisa is a victim of domestic violence and she has a few options available to her.  Lisa can report the domestic violence to the police to lay criminal charges against her boyfriend, for example, assault. 

  • There is a duty on the police to assist domestic violence victims, for example, they must:

  • give advice and explain the different options available;
  • provide the victim with counselling, shelter and medical attention;
  • investigate the complaint and collect any evidence in the matter, such as medical records, witness statements and so on;
  • arrest the person who harmed the victim if there is a reason to believe that an act of violence has been committed;
  • seize any dangerous weapons and firearms;
  • if criminal charges are going to be laid, open a police docket; and/or
  • go with the victim to the house to collect personal belongings, for example, if it is indicated in a protection order.

  • Lisa can also approach a Magistrate’s Court in the area where she or her boyfriend lives, or where the domestic violence occurred to apply for a protection order against her boyfriend.  
  • The clerk of the court can assist Lisa and provide her with the application form that must be completed, which indicates the following:

  • the type of domestic violence that occurred;
  • the actions that Lisa wants her boyfriend to stop doing to her;
  • the address her boyfriend is prevented from entering, for example, Lisa’s home and/or work address;
  • if the boyfriend owns a dangerous weapon or firearm, a clear description if it to enable the police to identify and remove it; and/or
  • whether Lisa will require any emergency monetary relief from the boyfriend.

  • After Lisa submitted the application, the Magistrate must decide if enough reasons exist to grant an interim protection order.  
  • If the interim protection order is granted, Lisa must take it to the police station who will assist to serve it on her boyfriend.  
  • The interim protection order provides a return date for Lisa and her boyfriend to both go to court and provide reasons why the interim order should/should not be made a final order.
  • It is also possible for a person to apply for a protection order on behalf of Lisa, if that person has an interest in the wellbeing and safety of Lisa. If Lisa is older than 18 years, her written consent is required to allow that person to make an application on her behalf.

  Lisa feels that it is pointless to involve the police and wants advice on what to do if the police refuses or fails to fulfill their duties?  

  • If Lisa is not satisfied with the services she received from the police, she can lodge a complaint with the station commander of the relevant police station or at the following forums:
    • Civilian Secretariat – for poor service delivery and non-compliance with domestic violence duties:
      • Tel: 012 393 2500/2/3
      • Website: www.policesecretariat.gov.za
    • Centre for Service Excellence – for poor service delivery:
      • Toll-free: 0800 333 177
      • E-mail: service@saps.gov.za

  Did you know…

  A final protection order remains in force until it is cancelled by the court.

• What is cyberbullying?

  HOW TO TREAT BULLYING IN SCHOOLS

  Date: November 2019

  John is 9 years old and is being bullied at school by one of his class mates, Trevor. Trevor is teasing John on a daily basis by calling him loser and piggy breath, hitting John during breaks and sending John threatening text messages of how he is going to make him pay for being such a nerd. John informed his parents of the bullying and they want to know if they can bring criminal charges against Trevor. LegalWise advised them as follow:

  • Bullying can appear in many forms, such as physical abuse or verbal abuse. The following offences might arise from these types of bullying:
    • Assault – for example, where a person hits another person (physical abuse) or where a person threatens another person that s/he will hit him/her.
    • Crimen iniuria – for example, where one person teases and humiliates another person by calling him/her names (verbal abuse).
  • If a child is being bullied at school by another child (“bully”), that child, his/her parents or legal guardians can bring a criminal charge against the bully at the South African Police Service (“SAPS”). However, if the bully is under the age of 10 years, s/he does not have criminal capacity and cannot be held criminally liable. This does not mean that the bully will not face the consequences of his/her actions.

  What consequences may a bully under the age of 10 years face?

  • After the parents or legal guardians of a child have brought a criminal charge against the bully under the age of 10 years, at the SAPS, the following procedure will be followed:
    • A probation officer (such as a qualified social worker) will be appointed and will do an assessment of the bully.
    • The purpose of the assessment is to gather all the necessary information regarding the criminal charges and what appropriate measures should be taken against the bully.
    • The assessment must be done as soon as possible, but not later than 7 days after the probation officer has been notified about the matter.
    • The assessment will be held at a private place, such as a police station, an office of a Child Justice Centre or a Magistrate’s Court, and the bully’s parents or legal guardians are allowed to be present during this assessment.
    • After the assessment, the probation officer can select one or more of the following appropriate measures that the bully must follow, such as to:
      • refer the bully for counselling or therapy;
      • refer the bully to an accredited programme to suit the needs of the bully;
      • arrange for support services; or
      • decide to take no action.
    • If the bully fails to comply with a decision made by the probation officer, s/he may be referred to the Child Justice Court.

  What consequences may a bully over the age of 10 years face?

  • After the parents or legal guardians of a child have brought a criminal charge against the bully over the age of 10 years, at the SAPS, the following procedure will be followed:
    • A police official will hand the bully a written notice or summons which will indicate the place, date and time where the bully must attend a preliminary inquiry.
    • The written notice or summons must be delivered to the bully in the presence of his/her parents or legal guardians, who must sign the written notice or summons.
    • Before the preliminary inquiry can be held, a probation officer will be appointed to assess the bully in the same manner as mentioned above.
    • After the assessment by the probation officer, the bully must attend the preliminary inquiry.
    • The preliminary inquiry will be held at a Magistrate’s Court and the bully’s parents or legal guardians are allowed to be present during the preliminary inquiry.
    • The purpose of the preliminary inquiry is to, amongst others, consider the assessment of the probation officer and to decide on what appropriate measures should be taken against the bully.
    • After the preliminary inquiry, the bully can be referred for diversion (for example, a rehabilitation programme) or referred to a Child Justice Court to continue with the criminal charges against the bully.
    • If the bully, his/her parents or legal guardians fail to attend a preliminary inquiry, a warrant of arrest may be issued to force that person to attend a preliminary inquiry.

  Can a bully be arrested?

  • A bully under the age of 10 years cannot be arrested.
  • A bully over the age of 10 years can be arrested, but usually as a last resort. 
  • If a bully is arrested, s/he must be handed over to his/her parents or legal guardians.

  • If a bully is detained, s/he must be kept separately from adults, with children of the same sex, be protected from maltreatment and must not be subjected to practices that could endanger his/her wellbeing.
  • After being arrested, a bully must be assessed by a probation officer and must be taken to court within 48 hours (weekends and public holidays excluded) after the arrest for a preliminary inquiry to be held.

  What other consequences can a bully face?

  • A protection order can be obtained in terms of the Protection from Harassment Act against the bully at the Magistrate’s Court. A child can apply for a protection order without assistance, however, it is advisable for the child to consult with his/her parents, legal guardians, teacher or any other reliable person to assist him/her in bringing such an application.
    • The parents or legal guardians of a child may report the bully to the school’s governing body as soon as possible. The school will hold a disciplinary hearing and discipline the bully in terms of the school’s Code of Conduct, which might lead to the bully being suspended.

  Kindly note that any names used in this article are for illustrative purposes only.

• Is your child being bullied?

  HOW TO TREAT BULLYING IN SCHOOLS

  Date: November 2019

  John is 9 years old and is being bullied at school by one of his class mates, Trevor. Trevor is teasing John on a daily basis by calling him loser and piggy breath, hitting John during breaks and sending John threatening text messages of how he is going to make him pay for being such a nerd. John informed his parents of the bullying and they want to know if they can bring criminal charges against Trevor. LegalWise advised them as follow:

  • Bullying can appear in many forms, such as physical abuse or verbal abuse. The following offences might arise from these types of bullying:
    • Assault – for example, where a person hits another person (physical abuse) or where a person threatens another person that s/he will hit him/her.
    • Crimen iniuria – for example, where one person teases and humiliates another person by calling him/her names (verbal abuse).
  • If a child is being bullied at school by another child (“bully”), that child, his/her parents or legal guardians can bring a criminal charge against the bully at the South African Police Service (“SAPS”). However, if the bully is under the age of 10 years, s/he does not have criminal capacity and cannot be held criminally liable. This does not mean that the bully will not face the consequences of his/her actions.

  What consequences may a bully under the age of 10 years face?

  • After the parents or legal guardians of a child have brought a criminal charge against the bully under the age of 10 years, at the SAPS, the following procedure will be followed:
    • A probation officer (such as a qualified social worker) will be appointed and will do an assessment of the bully.
    • The purpose of the assessment is to gather all the necessary information regarding the criminal charges and what appropriate measures should be taken against the bully.
    • The assessment must be done as soon as possible, but not later than 7 days after the probation officer has been notified about the matter.
    • The assessment will be held at a private place, such as a police station, an office of a Child Justice Centre or a Magistrate’s Court, and the bully’s parents or legal guardians are allowed to be present during this assessment.
    • After the assessment, the probation officer can select one or more of the following appropriate measures that the bully must follow, such as to:
      • refer the bully for counselling or therapy;
      • refer the bully to an accredited programme to suit the needs of the bully;
      • arrange for support services; or
      • decide to take no action.
    • If the bully fails to comply with a decision made by the probation officer, s/he may be referred to the Child Justice Court.

  What consequences may a bully over the age of 10 years face?

  • After the parents or legal guardians of a child have brought a criminal charge against the bully over the age of 10 years, at the SAPS, the following procedure will be followed:
    • A police official will hand the bully a written notice or summons which will indicate the place, date and time where the bully must attend a preliminary inquiry.
    • The written notice or summons must be delivered to the bully in the presence of his/her parents or legal guardians, who must sign the written notice or summons.
    • Before the preliminary inquiry can be held, a probation officer will be appointed to assess the bully in the same manner as mentioned above.
    • After the assessment by the probation officer, the bully must attend the preliminary inquiry.
    • The preliminary inquiry will be held at a Magistrate’s Court and the bully’s parents or legal guardians are allowed to be present during the preliminary inquiry.
    • The purpose of the preliminary inquiry is to, amongst others, consider the assessment of the probation officer and to decide on what appropriate measures should be taken against the bully.
    • After the preliminary inquiry, the bully can be referred for diversion (for example, a rehabilitation programme) or referred to a Child Justice Court to continue with the criminal charges against the bully.
    • If the bully, his/her parents or legal guardians fail to attend a preliminary inquiry, a warrant of arrest may be issued to force that person to attend a preliminary inquiry.

  Can a bully be arrested?

  • A bully under the age of 10 years cannot be arrested.
  • A bully over the age of 10 years can be arrested, but usually as a last resort. 
  • If a bully is arrested, s/he must be handed over to his/her parents or legal guardians.

  • If a bully is detained, s/he must be kept separately from adults, with children of the same sex, be protected from maltreatment and must not be subjected to practices that could endanger his/her wellbeing.
  • After being arrested, a bully must be assessed by a probation officer and must be taken to court within 48 hours (weekends and public holidays excluded) after the arrest for a preliminary inquiry to be held.

  What other consequences can a bully face?

  • A protection order can be obtained in terms of the Protection from Harassment Act against the bully at the Magistrate’s Court. A child can apply for a protection order without assistance, however, it is advisable for the child to consult with his/her parents, legal guardians, teacher or any other reliable person to assist him/her in bringing such an application.
    • The parents or legal guardians of a child may report the bully to the school’s governing body as soon as possible. The school will hold a disciplinary hearing and discipline the bully in terms of the school’s Code of Conduct, which might lead to the bully being suspended.

  Kindly note that any names used in this article are for illustrative purposes only.

• Are you an abused woman?

  DOMESTIC VIOLENCE

  Date: October 2019

  What is domestic violence?

  Domestic violence is where a person (“complainant”) is being harmed by another person (“respondent”) while they are in a domestic relationship.

  What will be considered to be domestic violence?

  • Physical abuse – if the complainant is being injured by the respondent, for example, being punched, kicked or pushed.

  • Sexual abuse – if the complainant is being forced by the respondent to perform a sexual act, for example, rape.
  • Emotional and psychological abuse – if the respondent verbally insults or humiliates the complainant, for example, calling him/her names.
  • Economic abuse – if the complainant suffers financial damages caused by the respondent, for example, where the respondent sells household property or uses a joint bank account for personal use without the consent of the complainant.
  • Intimidation, harassment or stalking – if the respondent repeatedly follows and watches the complainant, or where the respondent makes unwanted telephone calls or sends unwanted e-mails and text messages to the complainant.
  • Property damages – if the respondent damages any property that belongs to the complainant.
  • Trespassing – if the respondent enters the complainant’s home or property without his/her consent.

  What is a domestic relationship?

  The complainant and respondent will be considered to be in a domestic relationship if they are:

  • married to each other according to any law, custom or religion;
  • living together in a long-term relationship without being married (cohabitation);
  • parents of a child;
  • family members related by blood, marriage or adoption;
  • dating each other or engaged to each other; or
  • staying together in the same home.

  What remedies are available to a complainant?

  A complainant can approach a court to apply for a protection order and s/he can lay a criminal charge/complaint against the respondent at a police station.

  Who can apply for a protection order?

  • The complainant can apply for a protection order.
  • If the complainant is a child, s/he can apply for a protection order on his/her own and does not have to be assisted by a parent or a guardian.
  • It is also possible for a person to make an application for a protection order on behalf of the complainant. This means that any person who has an interest in the wellbeing and safety of the complainant can make an application. If the complainant is older than 18 years of age, the written consent of the complainant is required to make an application on his/her behalf.

  How can a complainant apply for a protection order?

  • An application for a protection order can be made at a Magistrate’s Court in the area where the complainant or the respondent lives or works, or where the domestic violence happened.
  • The complainant will have to complete the necessary application forms, which can be obtained from the clerk of the court.
  • The application is in the form of an affidavit and must contain the following information:
    • the facts relating to the domestic violence and any evidence in support thereof, for example, the type of domestic violence, when it happened and medical reports;
    • the type of protection that is applied for, for example, that the respondent should stop abusing the complainant; and
    • the name of the police station where any breach of the protection order will most likely be reported to.

  What happens after an application for a protection order has been submitted?

  • The clerk of the court will take the application to a magistrate.
  • If the complainant is in need of urgent protection (such as where his/her life may be in danger), the magistrate must issue an interim protection order.
  • An interim protection order is a temporary order that must be delivered to the respondent. The interim protection order will inform the respondent to appear in court on a future date, known as the return date.
  • The complainant must also appear in court on the return date.
  • On the return date, a hearing will be held at court where the respondent will have to provide reasons why the interim protection order should not be made a final order.
  • If the court did not grant an interim protection order, the complainant and respondent will be informed to appear in court on a specified date where a hearing will be held regarding the application for a protection order.
  • During the hearing, the court will consider all the circumstances of the matter, such as the facts relating to the domestic violence and any evidence in support thereof, before making a final decision.
  • If a final protection order is granted, the clerk of the court must provide certified copies of the protection order to the relevant police station, the complainant and the respondent.
  • A final protection order remains valid until it is set aside or cancelled by court.

  What must the respondent do upon receiving an interim protection order?

  • The respondent must read it and pay specific attention to the page where the return date is indicated. If the return date is unreasonably set in the distant future, s/he may apply at court for an earlier date.
  • The respondent can set out his/her defence in an affidavit and attach any documents in support of his/her defence to the affidavit.
  • The respondent must appear at court on the return date, failure to do so will result in him/her being in contempt of court (which is a criminal offence) or the court may grant the final protection order in his/her absence.
  • The respondent must adhere to the terms and conditions set out in the interim protection order, such as not to be in contact with the complainant.

  How can a protection order be enforced?

  If the court grants an interim or final protection order, a warrant of arrest will also be issued and provided to the complainant. If the respondent breaches the terms and conditions set out in the protection order, the complainant must report the breach to the police and the respondent can be arrested in terms of the warrant of arrest.

  How can a protection order be cancelled or changed?

  • The complainant or respondent can apply to court to cancel or change a protection order, upon providing a good reason.
  • Written notice of such an application must be given to the court and the other person.

  Glossary of terms:

  PROTECTION ORDER: it is an order made by a court that prevents the respondent from causing domestic violence to the complainant and can be interim or final. The protection order may contain certain terms and conditions that a respondent must comply with, for example, the protection order can state that the respondent is not allowed to make any contact with the complainant or to go near the complainant.

  WARRANT OF ARREST: a document authorising a police officer to arrest a specific person for committing a specific act.

  How can LegalWise assist you?

  Should you require an explanation of your rights on this topic, please contact your nearest Branch.