Protection Orders and Domestic Violence

What is a Protection Order?

A Protection Order (Also known as a PO) is an Order of Protection that is issued by a court and is designed to stop violent and harassment behavior. …

Does the Abuser get a warning that you are trying to obtain immediate protection?

In simple terms, no. The abuser does not get prior notice that you are requesting a Temporary Protection order from the court

If the Protection Order goes through, does the applicant get the warrant of arrest?

It is situational dependent. In some instances yes, the applicant is physically handed the warrant of arrest. However, should the magistrate or your appointed attorney feel that the applicant may act with malicious intent (such as trying to get them arrested just because they are angry or make a false claim against you) then the court will “side” with the dependent and the warrant will be kept by the Magistrate of the court. Thereafter, should the applicant want to get you arrested, they would need to approach the Domestic Violence court and have to present legitimate reasons as to why you need to be arrested

What grounds do you need in order to request a Protection Order?

In order to obtain a protection order and summon someone to court to appear before the Magistrate, you would need to have some of the following:

  • Obsessive Behavior
  • Evidence that you are being abused (physically, mentally, emotionally, sexually or financially)
  • Bank statements showing financial abuse
  • Proof showing someone is trying to implicate you (such as breaching their own protection order they got against you)
  • Someone has maliciously tried to prosecute you or get you arrested for a crime you haven’t committed
  • Constant threats
  • Stalking you
  • Watching you in their car
  • Parking outside or near your home (This is a form of a abuse and intimidation)
  • Publicly humiliating you (such as telling a group of people you are an abuser, a sexual assaulter, making fun of your sexual orientation and more) – this is a form of abuse

How do you get a Protection Order?

In order to obtain a Protection order, you would need to approach the Magistrate court and do the following:

  1. Approach the Domestic Violence section of the court
  2. Explain your situation and reasons why you need protection
  3. Obtain a protection form
  4. Fill in all of your personal information and write what has happened to you
  5. Take it back to the Domestic Violence Court to have it submitted to the court
  6. You then need to wait to hear if the Magistrate has granted immediate protection. If not, it is still okay. Either way, they will then give you a piece of paper to take to SAPS
  7. SAPS will then go and serve the defendant and summon them to court

How do I know if the Protection Order against me is being breached by the Applicant?

If you feel that the person who got a Protection order against you is in breach (breaking their own rules they want you to follow) then here is what to lookout for:

If it is a physical protection order:

It means that you have caused severe physical damage to a person whereby they have landed in hospital (beaten up, bleeding, broken bones) or have suffered severe bodily harm (bruises, scratches etc)

Ways to apply for the removal or amendment of a Protection Order:

  • If the applicant claims you have recently abused them, you can provide evidence and an alibi as to where you were (you would need to have at least 3 – 4 occasions to present to the magistrate showing him/her that the applicant is in breach of their own rules that they asked the magistrate to put into place
  • You can request the doctors report and do a comparison between your hands and the bruises seen in pictures (your hands could be measured and it would show you couldn’t have been the one to cause harm)
  • If the applicant claims they are so scared of you, they wouldn’t want to come into your space. If they do intentionally put themselves in your company it means they are trying to provoke you. We suggest you take out your phone and start filming a video showing exactly what is happening
  • Inform you attorney immediately should you have one
  • Take pictures if needed
  • Record conversations if needed

If it is a protection order to prevent you from sharing their personal information:

It means that the applicant felt you were handing out his/her address, cellphone number and more

Ways to apply for the removal or amendment of an Information Protection Order:

  • If you are still receiving the applicants personal information it means they are trying to implicate you, save it in your email as proof and inform you attorney or keep it aside to present this as a part of your evidence to the Magistrate.
  • If you are accused of handing out personal information, remember, there always has to be proof. Consult your attorney or take it with a pinch of salt. Remember, most attorney’s do tend to come with scare tactics in order to get someone to back down or not arrive at court
  • If you receive calls from debt companies or people looking for the applicant, keep a record of the call or preferably, record the actual conversation itself to put forward to the court showing you refused to engage in the call but that you know who they are looking for

What to lookout for if you don’t have a lawyer

When “going up against” someone else’s attorney, be sure to do the following:

  • Get the Lawyers name and surname (you need to know who you are dealing with and it is always good to know which firm the lawyer is coming from)
  • Do you research (Are they an entry level attorney, do they help with criminal matters, family matters such as divorce or do they create contracts)
  • NEVER EVER STAND DOWN – this is one of the oldest tricks in the book. It is a lawyers “dirty” way of playing you. Say for example, you have all been in court all day to be seen by the judge. They then get tired of waiting and comes to you and asks if you want the matter to stand down, SAY NO!!! What they will explain and tell you is that they will go and inform the magistrate that the matter needs to be put “on hold” for some reason. This could be because you may need to fetch you child or attend a work meeting. Never ever stand down. In most cases when this is presented to you, it is because the other side going against you, doesn’t have anything prepared for court. You will then believe them and leave. They will then go into court and lay a false claim stating that you never arrived to the court and therefore, whatever YOU submitted to the court as evidence to either get a protection order implemented or removed, will no longer be taken into consideration. 1) Because it makes it look like you don’t care… 2) You won’t have the opportunity to present your case and they will automatically “win”

To gain more knowledge and advice on how to better manage conflict and difficult situations such as the above, please consider our Online Au Pair Training. Whilst it is called au pair training it doesn’t mean that there are limitations as to who can do the course. Our course has been designed for moms, nannies, au pairs and tutors looking to further their knowledge on children

Please remember that we as a company are going based on personal experiences and are not licensed attorneys. We do not take any responsibility for any court cases whereby this information has been applied. These are merely guidelines and it is advised that you consult a professional

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