The Protection or Restraining Order
A protection order, also called a restraining order or domestic violence interdict, is a court order that tells an abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing the victim again. It may also help ensure that the abuser continues to pay rent or a bond or interim maintenance. The protection order may also prevent the abuser from getting help from any other person to commit abusive acts.
There are no costs involved in applying for a protection order, unless an attorney is used. When legal representation is involved, each party usually bears his/her own costs, unless one party acted fictitiously or unreasonably, in which event a court may make a cost order against that party.
The victim can apply at the court on any day of the week, but for after-hour applications they must go to the police station and the police will then contact a magistrate or clerk. However, not all courts work the same way. Some only handle protection order applications on certain days, and at certain times.
Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.
Victims also have the right to bring a criminal charge against their abusers in addition to obtaining a protection order if the act of domestic violence contained an element of violence, because this is a criminal offence. Victims may also get a court order to have the perpetrator’s gun removed, if applicable. Other remedies are available, depending on the exact nature of the abuse.
The magistrate will first grant an interim protection order and the respondent will be given a date to appear in court to give reasons why the order should not be made final.
In the meantime, the interim protection may prohibit the respondent from engaging in the following conduct:
There are no costs involved in applying for a protection order, unless an attorney is used. When legal representation is involved, each party usually bears his/her own costs, unless one party acted fictitiously or unreasonably, in which event a court may make a cost order against that party.
The victim can apply at the court on any day of the week, but for after-hour applications they must go to the police station and the police will then contact a magistrate or clerk. However, not all courts work the same way. Some only handle protection order applications on certain days, and at certain times.
Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.
Victims also have the right to bring a criminal charge against their abusers in addition to obtaining a protection order if the act of domestic violence contained an element of violence, because this is a criminal offence. Victims may also get a court order to have the perpetrator’s gun removed, if applicable. Other remedies are available, depending on the exact nature of the abuse.
The magistrate will first grant an interim protection order and the respondent will be given a date to appear in court to give reasons why the order should not be made final.
In the meantime, the interim protection may prohibit the respondent from engaging in the following conduct:
- Committing acts of domestic violence.
- Enlisting another person’s help to commit acts of domestic violence.
- Entering a shared residence or a specified part thereof if this is in the complainant’s best interests.
- Abusing the complainant financially. The order may stipulate that the respondent pay emergency monetary relief to the complainant, such as maintenance, and rental or bond payments.
- Entering the complainant’s residence. Where the respondent is banned from entering a certain premises, the court will omit the complainant’s address in order to guarantee the complainant’s safety or wellbeing.
- Preventing the complainant who ordinarily lives/lived in the shared residence from entering or remaining in the residence or a specified part thereof.
- Committing any other act specified in the order.
