Protection Orders Flashcards
What is a domestic relationship?
It is a relationship between the complainant (person seeking interdict) and a respondent (person against whom interdict sought) in any of the following ways:
1) Marriage (according to any law, custom or religion);
2) Live or lived together in relationship similar to marriage;
3) Parents of a child or person who have or had parental responsibilities regarding that child;
4) Family members related by consanguinity, affinity or adoption;
5) They share or recently shared a residence.
What is the purpose of the Domestic Violence Act 116 of 1998?
The Act can be used for the protection of women, men and children who suffer abuse in the context of a domestic relationship.
What is domestic violence?
Domestic violence can be defined as any act or omission within. The framework of the family by one of its members that undermines the life, the bodily or psychological integrity or liberty of another member of the same family, or that harms the development of his/her personality.
How does the Domestic Violence Act describe domestic violence?
1) Physical and sexual abuse;
2) Emotional, verbal and psychological abuse;
3) Economic abuse;
4) Intimidation;
5) Harassment;
6) Stalking;
7) Damage to property;
8) Entry into complainant’s residence without consent, where parties don’t live together;
9) Any other controlling or abusive behaviour towards a complainant.
How is an application for a protective order made?
1) The magistrates court has jurisdiction (can’t be granted at Police Station);
2) Clerk provides necessary forms (form 2) plus affidavit;
3) Clerk gives form to Magistrate, temporary/interim protection order granted;
4) Temporary order will be served on respondent by police or sheriff and he’ll be warned to appear in court on return date;
5) On return date respondent asked to give reasons why temporary order shouldn’t be made a final order (if not present, final order granted);
6) If complainant not present, matter removed from roll and order will expire;
7) Final order then served on respondent (not necessary for validity);
8) Together with order, court grants suspended warrant for arrest.
What if there is abuse, regardless of the order?
1) Take original warrant of arrest and a copy to nearest Police Station and lay a complaint, by making necessary affidavit or sworn statement;
2) Police will arrest respondent, if it appears complainant might suffer imminent harm due to violation of order;
3) If no imminent harm, respondent handed written notice calling upon him to appear before court on certain date on a charge of contravening order.
What does the Protection from Harassment Act provide?
It provides for the issuing of protection orders against harassment.
What does harassment mean in the context of the Act?
Harassment in the context of the Act means to directly or indirectly engage in conduct that may cause harm, or which a complainant reasonably believes may cause harm by inter Alia watching, following, engaging in electronic communication aimed at a person or to sexually harass a person.
“Harm” means any menta, psychological, physical or economic harm.
