What is a PO? A PO is a document that is issued by a Magistrate Court, which aims to prevent the reoccurrence of domestic violence or various types of harassment. It states that certain conduct and behaviours by the offender are now prohibited. Conditions that can be set include:
• committing any specified act of domestic violence/sexual harassment
• entering the joint residence or entering a specific part of the residence
• entering the victim’s residence if they are not living together
• entering the victim’s place of employment/office
• having contact with a child or children, if it is in the best interest of the child.
If a PO is breached, the offender can be arrested and held liable with a fine and/or imprisonment. Once a PO is granted, it is enforceable throughout the Republic of South Africa.
How to apply for a PO:
1. The complainant (the victim) must fill out an affidavit at a police station.
2. The complainant must also fill out an application form, which is available at a police station as well as online.
NB – Before you submit your applications, please read the document “Notice to complainant in a case of domestic violence,” as this document outlines your rights and the steps you may take to protect yourself, your children and other members of a shared household. You may request this document at police stations, and it is also available online.
3. You may get others who have knowledge of your situation to complete affidavits as well, which can be included in your application. (This is not compulsory).
4. Your application form and affidavits must then be submitted to the clerk of the magistrate’s court either a) in the area you reside; b) in the area you work; or c) in the area in which the abuse took place. The court will consider the application immediately.
5. If the court is convinced that there is evidence that the suspect (the respondent) is committing or has committed an act of DV (domestic violence) or harassment, and that the victim will experience unnecessary suffering, the court will issue an interim PO against the respondent.
NB - The application for an interim protection order may be brought at any time and not only during office hours or on court days.
6. The court is required to issue a suspended warrant of arrest for the respondent. Any breach of the protection order requires that the respondent must be arrested by the police immediately.
7. The court will provide a return date, which requires the applicant and respondent to return to court to have the PO made final. The respondent can present the court with reasons as to not make the PO final at this hearing.
8. If the respondent does not appear in court, and the court is satisfied with the evidence, the court can make the PO final.
Some things to note:
• An application is not limited to the complainant. An application can be made for a PO on behalf of another person by anyone who has an interest in their well-being. This can include counsellors, teachers, friends, family, members of the SAPS etc.
• If you want to make an application on behalf of someone else, you need their written consent to do so.
• An interim protection order has no force or effect until it has been served to the respondent.
• You may request the removal of a respondent’s firearm or other dangerous weapons. They will be kept by the police or the state. The weapons can only be returned by order of the court.