Who Qualifies for a Protection Order?
Any person who is/was subjected to domestic violence may apply for a protection order if the victim is/was in a domestic relationship with the perpetrator. The victim is called the complainant and the perpetrator the respondent. A relationship between a complainant and a respondent is classified a ‘domestic relationship’ when:
The Act also states that a minor or any person on the minor’s behalf may apply for a protection order. In the case of a minor, the consent of the minor’s parent or guardian is not needed. Furthermore, any child who is in the care of a complainant will be included as a complainant in the protection order.
- they are/were married to each other according to any custom, religion or law;
- they live/have lived together in a relationship that is/was like a marriage;
- the respondent perceives (believes) that there is/was a relationship, even if the complainant does/did not. As long as the respondent acts as if there is a relationship, that will be enough for the courts to grant a protection order;
- they are the parents of a child. They need not have had the parental responsibility at the same time;
- they are family members related by blood, affinity or adoption. This means that the respondent can be the complainant’s mother, father, grandmother, grandfather, child, brother, sister, aunt, uncle, cousin, etc. It would be absurd, however, to conclude that because the parties are, for example, siblings they share a domestic relationship as envisaged by the Act. They must be sharing a common household, living in one house under one head.
- the respondent is a blood relation of the complainant’s partner or ex-partner by ‘marriage’ (in-laws), i.e. anybody related by blood to the complainant’s partner through a civil, customary or religious marriage;
- they are/were engaged to be married, dating or in a customary relationship. This includes an actual or perceived romantic, intimate or sexual relationship of any duration; or
- they share/recently shared the same residence, i.e. lived in the same household.
The Act also states that a minor or any person on the minor’s behalf may apply for a protection order. In the case of a minor, the consent of the minor’s parent or guardian is not needed. Furthermore, any child who is in the care of a complainant will be included as a complainant in the protection order.
