Mistakes to avoid when applying for a protection order against alleged abusers

The Citizen

6 days ago

The respondent must be served with the order within 24 hours. If it has not been served, then it is not yet active.
The court can grant an order for an abusive spouse to continue maintaining their partner despite a protection order against them.
This was shared by senior National Prosecuting Authority (NPA) advocates Buyisiwe Nkala and Mzoxolo Rusi, along with senior domestic violence court clerk Qaqamba Tshangela, in their Eastern Cape domestic violence webinar on Wednesday.
The officers shared steps to take when applying for a protection order against an abusive close relative and also mistakes for victims to avoid to ensure their order remains in place.
According to the South African Police Service (Saps), a protection order aims at preventing the recurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing.
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As long as the alleged offender complies with the protection order, the complainant will be safe. If the alleged offender contravenes any stipulation of the protection order, they may be arrested. Once a protection order is granted, it is enforceable throughout the country.
What to know about protection orders
According to the Saps, to apply for one, the complainant must make an affidavit and complete an application form at their nearest police station.
Supporting affidavits by persons who have knowledge of the matter in question may accompany the application. These documents must be handed to the clerk of the nearest court. The court will consider the application immediately.
Once the interim has been granted, it goes to the police station, where they will look for the respondent.
The respondent must be served with the order within 24 hours. If it has not been served, then it is not yet active, according to Tshangela.
Tshangela said the interim protection order will protect you for the period you wait until your trial date.
While still waiting for your trial date, if anything happens to you, you can go back to the police with the interim order, and the respondent will be arrested.
However, Tshangela cautioned applicants against the mistake of not going back for their trial date once the interim protection order has been granted.
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'Until the magistrate grants you a final order, that's when your protection order application is valid for a lifetime,' she said.
'If you only have the interim and not the final order, it means once your trial date comes and you don't show up, your application will be set aside after two postponements, and you won't have the protection order.'
Those who do return for trial are allowed to take no more than three people to accompany them to court.
Domestic violence
In a situation where your alleged perpetrator is a spouse whom you depend on, the NPA urged victims not to let this stop them from applying for a protection order, as there are systems in place to ensure their upkeep.
'In your application, in the interim order, there is a section that highlights that if this person was maintaining you and now you fear that if you open the case and he will not provide anymore, the magistrate will conduct an inquiry with you that clearly explains that this person was providing for you,' said Tshangela.
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'It will be a must that he must continue providing whatever he was providing for you. The court can oblige him to continue with the maintenance.'
Monetary relief
An applicant can also apply for emergency monetary relief – compensation for the things they lost due to their spouse's domestic violence conduct.
'If someone assaulted you to the point of getting admitted to the hospital and you lost your earnings, you can apply for that relief for the person to compensate you,' said Tshangela.
'If you have to relocate because you cannot be under one roof with your perpetrator, they must pay for the relocation. The presiding order decides on the duration of the payment.
'If you are married in community of property and you are being violated, the courts can grant an order that the perpetrator must move out, even if you're both owners of the property. The perpetrator must go.'
For those who do not wish to return to their home, they can apply for a place of safety, where they are provided with accommodation.
An applicant can also apply for a safety monetary notice, which forces the police to visit and monitor the applicant's safety.
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