Domestic Violence Court DIY

The domestic violence court is set up so that members of the public can approach it themselves to seek the appropriate relief. This domestic violence court DIY information sheet is to offer some information regarding what to expect of the protection order application process if you do not have the means or time to approach an attorney. Remember that your safety is of utmost importance so do not hesitate in contacting your local police if you feel unsafe before, during or after the application process.

Process

1. Download and complete Form 2: Application for a Protection Order.

2. Complete an affidavit setting out the alleged abuse committed by the respondent.

Where  the application is brought by yourself

The affidavit must address the facts on which your application is based, the type of order is sought and any supporting documentation such as photos or medical certificates (in the case of physical violence).

Where the application is brought on behalf of a complainant by another person

The affidavit must state the grounds on which the other person has a material interest in the well-being of the complainant, the occupation of the other person and capacity in which such a person brings the application. The application must also be accompanied by written consent of the complainant, except in cases where the complainant i a minor, mentally retarded, unconscious or a person whom the court is satisfied that he or she is unable to provide the required consent.

3. Approach your nearest Magistrates Court

Once you have compiled the necessary documentation, take your application and supporting affidavit to the Magistrates Court nearest to where you live and work, at any time, during and outside court hours as well as on public holidays or weekends.

When you arrive at court, simply ask one of the staff members at security to direct you to the domestic violence court. Ask to speak to the clerk of the Domestic Violence Court.

4. Magistrate to consider application

Once you have handed your application to the clerk of the court they will take it to the magistrate to consider whether:

– There is prima facie (meaning sufficient at first sight) evidence of domestic violence
– The victim will suffer undue hardship should the protection order not be granted.

5. Interim Protection order

If successful, an interim protection order will be granted with specific conditions – for example the confiscation of the respondent’s firearms.

A warrant of arrest will automatically be issued with the interim protection order.

6. Take the order to the Police for service on the Respondent

The court will hand you the warrant and interim protection order to take to your nearest police station. The police will then serve the order on the respondent personally.

The applicant may also lay a criminal charge with the police, if the act of violence fulfils the requirements to be considered a criminal offence.

Click on link to find your nearest Magistrates Court:
http://www.justice.gov.za/contact/lowercourts_full.html