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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:
  • 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.

Read More

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Contact Details

Bertus Preller & Associates Inc.
10 Pepper Street, Cape Town, 8001, South Africa
Telephone: +27 21 422-2461 or +27 21 422-2573
Facsimile: +27 086 572 8373

Also consulting in:

​Val De Vie and Bloubergstrand.
​

Email: law@preller.co.za
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Legal Notices
  • Home
  • Divorce
    • The Divorce Process in South Africa
    • The Marital Property Regimes >
      • Marriage in Community of Property
      • Marriage out of community without accrual
      • Marriage out of community with the inclusion of the accrual
      • Universal Partnerships
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Retirement Funds and Divorce
    • Hiding Assets in a Divorce
    • Trusts and Divorce
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Divorce Polls
    • Ingredients of a successful relationship
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce
    • The Maintenance Manual
    • Grand Parents and Maintenance
  • Children
    • Relocation and Child Abduction >
      • International Child Custody Law South Africa
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Parenting Plans >
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • Parental Alienation
    • Facilitation
    • Living Arrangements
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment
  • Cohabitation
    • Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
    • Formalities for marriage in south africa
  • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • Family Law Newsletter March 2017
    • September 2016 Family Law Newsletter
    • Family Law Newsletter 2017 1
    • New Family Law Cases
    • Family Law Matters
    • Register for the Online Family Law Course
    • Online Family Law Education
  • About the Author
  • Contact
  • Charities