Domestic Violence Protection Order.

A Domestic Protection Order can give various outcomes as remedy, it can:

Tell the abuser to stop committing any act of violence against you (such as beats you, insults you, sexually assaults you, etc.)
Prohibit the abuser from asking another person to do any such act against you.
Order the abuser to stay away from the shared residence or only enter a specific part of the shared residence.
Order the abuser to stay away from you, your house and/or your work place.
Order the South African Police service to seize any arm or dangerous weapon in the possession or under the control of the abuser.
Order a police officer to accompany you to a specific place to collect your personal belongings.
Order the abuser to pay for rent, mortgages or any other financial needs you may have if you are financially abused.
Prohibit any contact with your children or allow limited contact with your children under certain conditions.
Order child support or spousal support.

What to do to get a protection order:

Step 1: is to note down on paper, video, and or sound recording all the incidents of domestic violence committed to you or your children. and be clear with dates and times. Obtain all relevant details of the person whom you want to be protected against, e.g. his/her home and work address and identity number.

Step 2: is now with all this evidence you go to the Domestic Violence Court closet to you. The Clerk of the Court will hand you a form to complete. This form is an “Application for Protection Order”, and the format is an affidavit so make sure that what you say is true and correct. This form then goes to the Magistrate, who may ask you a couple of questions, and then the Magistrate will then do one of the following:

(a) dismiss your application if there is no evidence that domestic violence is taking place or
(b) grant an Interim Protection Order in your favour which will be finalised on a date provided by the Court where the abuser will have a chance to give his / her side of the story or
(c) postpone the matter without granting an Interim Protection Order and provide a date when the abuser will get a chance to give his / her side of the story in court.

It is important to note that an Interim Protection Order has no force until it is served on the Respondent by the Police or Sherriff of the court. It usually also comes with a warrant of arrest ready to be used in case of violation of this order. The Clerk of the Court will give you the necessary documents to deliver at a Police Station in order to serve it on the Respondent. The respondent is thereby warned not to commit any acts of domestic violence against the complainant,(you) with the threat of arrest of detention if he fails to comply.
If the Respondent commits any act of domestic violence towards you, after the order was granted report the matter immediately to the Police. If there is no Interim Protection Order in place yet, go and report it to the Domestic Violence Court in order to get such an order.

It is important to make sure you have a certified copy of the protection order, the original warrant of arrest along with an affidavit (stating that the abuser has violated the protection order). The affidavit can be made at the police station where you report the violation. The idea is to USE the protection order, it is not a piece of paper that is worth nothing, however if you do not USE it, it becomes worthless. So do not hesitate one moment if the abuser violates anything on you protection order to make that arrest immediately.