Protection order: Abused or stalked? How to apply for one

South Africa is a country measured by its crime statistics. A protection order (also called a restraining order) protects vulnerable individuals against unwanted messages, contact, or specific actions by law. Who needs this type of legal protection, and how do you apply on behalf of yourself or someone else?

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Here’s what to know about applying for this important legal document, and how to do it fast.

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WHY GET A PROTECTION ORDER?

According to the SA Government, a protection order is a legal document that protects the undersigned against abuse.

Resources stipulate that the abuse can include:

• Physical
• Sexual
• Emotional
• Psychological
• Economic
• Harassment

The Western Cape government stipulates that this type of order can be granted for any physical or emotional abuse, but also any unwanted contact. Messages, packages, and letters after you have said “NO” can be enough to apply for an order.

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An order can be applied for by anyone, or an order can be applied for on someone else’s behalf.

WHAT IS A PROTECTION ORDER?

An interim protection order can be issued upon its application. Applicants are asked to apply for an order by filling in the relevant forms, and taking these to a Magistrate’s Court official to be stamped and filed.

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After evidence is presented in court, a final order can be granted

HOW TO APPLY

An application can be brought 24/7 to the nearest Magistrate’s Court, according to the Department of Justice.

Applications must be accompanied by evidence, including any correspondence or threats. Dates are important, as well as brief descriptions of the events which led up to the order’s necessity.

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Applicants must explain why they require the order granted.

After an order has been applied for, the person on whom the order is being served will be notified through the South African Police Service. Evidence is then presented in court, and either party may request legal assistance or representation.

Forms can be found online at this link.