Divorce and Family Law

 

 

Yes, you can apply for a Protection from Harassment Order in such cases. This type of order specifically addresses harassment between individuals who are not in a domestic relationship.
 

While you are not legally required to have a lawyer, it is highly recommended. A lawyer can provide invaluable assistance in preparing your application, gathering necessary evidence, and representing you in court, ensuring the process is handled correctly and effectively.   

You need to apply at the Magistrate's Court in the area where you reside or where the harassment/domestic violence is occurring. You will need to complete an application form and provide a sworn statement (affidavit) detailing the incidents and reasons why you need the protection order.   
 

The duration of a protection order can vary. Harassment orders can be granted for a specific period determined by the court. Domestic Violence Protection Orders can also have a duration set by the court, often for a significant period, and can sometimes be made permanent under certain circumstances.   
 

There are two main types: Protection from Harassment Orders and Domestic Violence Protection Orders.

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Protection Orders

Understanding Protection Orders in South Africa with Aucamp Inc

At Aucamp Inc, we are dedicated to protecting the safety and well-being of our clients. In South Africa, there are two primary types of protection orders available to individuals experiencing harassment or domestic violence. Understanding the differences and how to obtain these orders is crucial for ensuring your safety and peace of mind.

Protection from Harassment Orders

  • What it is - A Protection from Harassment Order is obtained under the Protection from Harassment Act 17 of 2011. This order aims to safeguard individuals from any form of unwanted conduct by another person that constitutes harassment.
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    Harassment can include a wide range of behaviours that cause harm, alarm, or substantial distress, such as unwanted communication (including via social media), stalking, intimidation, offensive behaviour, and damage to property. Importantly, this type of order can be sought even if there is no domestic relationship between the applicant and the respondent.
     
  • How it is obtained - To obtain a Protection from Harassment Order, an application must be made to the Magistrate's Court. The applicant will need to complete an application form and provide the court with detailed evidence of the harassment they have experienced. If the court finds sufficient evidence to suggest that harassment has occurred or is likely to occur, it may issue an interim protection order immediately.

    This interim order will have temporary legally binding conditions on the respondent. Subsequently, a final protection order will only be granted after the respondent has been formally served with the application and given an opportunity to appear in court to present their side of the story in a hearing.

Domestic Violence Protection Orders

  • What it is - A Domestic Violence Protection Order is obtained under the Domestic Violence Act 116 of 1998. This type of order is specifically designed to protect victims who are in a domestic relationship with the person committing the abuse. A domestic relationship can include spouses, life partners, parents and children, family members living together, and individuals who are or have been in an intimate relationship.

    Domestic violence is broadly defined and encompasses physical abuse, sexual abuse, emotional, verbal, and psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, and entry into the applicant's residence without consent.   
     
  • How it is obtained - To obtain a Domestic Violence Protection Order, an application must be made to the Magistrate's Court. The applicant will need to complete an application form and provide the court with evidence of the domestic violence they have suffered. If the court believes there is an immediate risk of harm to the applicant, it can issue an interim protection order urgently, placing immediate restrictions on the respondent.

    A final protection order will be issued after a formal hearing where both the applicant and the respondent have the opportunity to present their evidence and arguments before the court.

How Aucamp Inc can Help Victims of Abuse

If you are experiencing harassment or domestic violence, it is crucial to seek legal assistance to understand your rights and the best course of action to ensure your safety. Contact Aucamp Inc today for confidential advice and support in obtaining the necessary protection orders.