How to Apply for a Protection Order in South Africa
In the recently published crime statistics there were 10?590 reported rapes between July and September. Between the same period, 13?701 women reported assault and 294 children were murdered. These are the numbers for a mere three months. Many of these abuse cases go unreported. In instances of abuse many are hesitant to approach the authorities or are unaware of the options available to them. More often than not, we give up on the legal process before even trying. It can be overwhelming and frustrating especially if you do not know the system. An application for a protection order is, in most cases, the best and easiest first step.
What is a protection order?
A protection order is an application that is made and if granted, by the magistrate's court, aims to prevent any abuse from happening again whether is is harassment, sexual assault or domestic violence. If you have been, or are experiencing abuse, you can apply for a protection order (also known as a harassment order) using the steps outlined below.
Step 1: Fill in an application form
You can retrieve the application form online here, or at any police station across the country. In the application form, you have to detail the incident(s) that have occurred and to stipulate what you would like the order to protect you from, for example you can prevent the abuser from:
Additionally, as a mother, you can detail any monetary requests such as school fees, rental or any costs that are related to children that could be involved.
Step 2: Get the application form stamped at your nearest police station.
Step 3: Drop off your stamped application form at a magistrate's court.
Unfortunately, there is a limited amount of applications they take per day. This means that you need to make sure you get there early to avoid an unnecessary second court visit. If the case is an emergency (where the abuser poses an immediate danger to you) the court could grant an interim protection order, and for less severe cases, you would be given a date to appear in court. The interim protection order is applied for in parallel to the final protection where the court will determine the severity of your case and potentially grant you immediate relief. The interim order is not final and is dependent on the outcome of the case.
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Step 4: Collate and save evidence for your court date
On the court date provided, it gives you the opportunity to prove your case and an opportunity for the abuser to argue why the protection order should not go through. While waiting for your date to arrive, collate any and all evidence you might have to support your case. Perhaps even request eye-witnesses to join you on the day. If the order is granted it is enforceable nationally and should the abuser violate the order, they will be arrested.
Don't give up on the system before you give it a try. These processes are there for a reason and could offer immediate protection to you or your loved ones who need it.
If you are needing any further information have a look at these useful resources:
Free Government Helpline: 0800 428?428
Child-line South Africa: 0800 055?555 (You can report child abuse to the Child-line South Africa’s toll-free line.)
Legal Aid: 0800 110?110 (For free legal aid).
Domestic Violence Helpline: 0800 150 150?
Thuthuzela Care Centres: You can find details of all centres across the country here.?(The centres are a one-stop facilities that offer services such as medical examinations, an interview with an investigation officer if necessary, offer a place of safety, assistance with courts processes).
Rape Crisis Cape Town Trust: ?WhatsApp line: 083?222 5164