Protection Orders

In life we all need boundaries. For some of us it is easier to set such boundaries than it is for others. We then need help to set these boundaries and that is where a protection order comes in. By taking out a protection order you are laying down the boundaries to your relationship. You tell your spouse/partner/child etc exactly what you expect of them with this.  Remember, it is very important to keep to these boundaries yourself.

Did you know that if you are being abused you can obtain a protection order from the courts of South Africa. You are able to obtain a protection order if you are abused and:

  • The abuser is a blood relation. (mother, father, child, brother, sister, cousin, aunt, uncle, etc)
  • The abuser is a blood relation of your partner or ex-partner
  • If you are in an intimate relationship with your abuser or if you have been in one with your abuser and your abuser is not your blood relation.
  • You are living together with your abuser
  • You may have some parental responsibilities.
  • You live under the same roof as your abuser even if you are not related.

Ukukhanya can assist you to file a protection order when one is required.  Please contact us to find out if a protection order is actually what you need and how to file one.  021 850 0061

No.116 of 1998: Domestic Violence Act, 1998.    Application for protection order

4 (1) Any complainant may in the prescribed manner apply to the court for aprotection order.(2) If the complainant is not represented by a legal representative, the clerk of thecourt must inform the complainant. in the prescribed manner- s(a) of the relief available in terms of this Act; and(b) of the right to also lodge a criminal complaint against the respondent, if acriminal offence has been committed by the respondent.(3) Notwithstanding the provisions of any other law, the application may be broughton behalf of the complainant by any other person, including a counsellor, health serviceprovider, member of the South African Police Service, social worker or teacher, who hasa material interest in the wellbeing of the complainant: Provided that the applicationmust be brought with the written consent of the complainant, except in circumstanceswhere the complainant is-(a) a minor; (b) mentally retarded;(c) unconscious; or(d) a person whom the court is, satisfied is unable to provide the required consent.(4) Notwithstanding the provisions of any other law, any minor, or any person onbehalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person.(5) The application referred to in subsection (I) may be brought outside ordinarycourt hours or on a day which is not an ordinary court day, if the court is satisfied thatthe complainant may suffer undue hardship if the application is not dealt withimmediately. (6) Supporting affidavits by persons who have knowledge of the matter concernedmay accompany the application.(7) The application and affidavits must be lodged with the clerk of the court who shallforthwith submit the application and affidavits to the court.