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justice.gov.za Apply for a Domestic Violence protection order : Department of Constitutional Development

Name of the Organization : Department of Justice and Constitutional Development
Type of Facility : Apply for a domestic violence protection order
Head Office : Pretoria

Website : http://www.justice.gov.za/vg/dv-faq.html

Justice Apply for a Domestic Violence Protection Order

** any form of abuse which includes physical, sexual, emotional, psychological or economic harassment
** damage to property
** stalking

Related : Department of Justice and Constitutional Development Learner Internship Programme 2016/17 : www.southafricain.com/4751.html

** entry into a person’s property without their consent
** any other abusive or controlling behaviour where such a conduct causes harm or may cause harm to your health, safety, or well being
** If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order.

A domestic violence protection order is a document issued by the court which prevents the abuser from :
** committing an act of domestic violence
** enlisting the help of another person to commit any such act
** entering a residence shared by the complainant and the respondent

** entering a specified part of such a shared residence
** entering the complainant’s residence
** entering the complainant’s place of employment

** preventing the complainant who ordinarily lives or lived in a shared residence from entering or remaining in the shared residence or a specified part of the shared residence or
** committing any other act as specified in the protection order.

Against whom may you seek protection?
** the person to whom you are married, whether by civil or customary rites;
** your partner (whether of the same or opposite sex) who lives or has lived together with you, even though you were not married to each other or are not able to be married to each other (if, for example, one of you is already married to someone else);

** the other parent of your child or persons who share parental responsibility with you for a child;
** persons who are related to you by blood ties, marriage or adoption;
** the person with whom you shared an engagement, customary or dating relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration;
** a person with whom you share or have recently shared the same residence.

What must I do?

** If you feel that you are a victim of any act of domestic violence as listed above, approach the local Magistrate Court and request assistance in bringing an application for a Protection Order.
** The Clerk of the Court will assist you to complete the necessary forms and take you before a Magistrate who will determine whether to grant the Order or not.

** The details of service providers who can give advice and help you in this regard are provided at the beginning of this Guide.
** Remember that in emergencies, this service is available 24 hours a day.
** The Clerk of the Court will assist you in completing the necessary forms and taking you before a Magistrate.

Which Court should I approach?
** Approach the Court nearest to where you live or work.
** If you were forced to leave your place of residence as a result of the violence and are living elsewhere temporarily, you may approach the Court closest to your temporary residence.

What is an Affidavit?

** An Affidavit is a statement made under oath. This means that the person who is making the statement has sworn to speak the truth and is aware that he/she will be prosecuted if it is found out that the contents (or parts thereof) of the Affidavit are untrue. It is an offence in a Court of Law to make a false statement.

What will the interim Protection Order state?
** The interim Protection Order will request the Respondent (the person who is committing the abuse) not to abuse you in the specific manner alleged in your Affidavit.
** The Respondent may be ordered not to physically or verbally abuse you or the children.

** In extreme cases, the Magistrate may consider it appropriate to prohibit the Respondent from entering the shared house or restrict him/her to certain areas of the shared residence.
** If the children are victims of the abuse, the Court may order that the Respondent has no or limited contact with the children.

** The Court may make an order for emergency monetary relief. This means that if you need to claim medical expenses or alternate accommodation costs which arose directly as a result of the abuse, you must provide proof of the expenses incurred and request the Court to consider this application.
** The Court may order the police to seize the Respondent’s firearm if he/she has made any threat on your life.

** To fully appreciate the nature of the particular abuse that you are experiencing, the Court relies on the Affidavit that you draft when making your application. You must therefore provide the Court with all the relevant information in your Affidavit, for example, details of the incidents of abuse, the date and place and nature of the last incident. You may not claim Maintenance money from the Domestic Violence Court.

** This must be done through the Maintenance Court.

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