Protection from Harassment and Domestic Violence
In our modern society, we see that many values and mannerisms that were once prevalent no longer exist. We see evidence of this on the road, at our places of work and sometimes even in our own homes.
Instances arise where family members get into heated arguments and derogatory words are spoken against each other. Or where a married couple or a courting couple have an ugly breakup and one or both of the partners insist on tarnishing the other’s reputation. Then there are scenarios where for example in the work place, there is a co-worker who continuously insists on harassing you or defaming you with snarly comments and passes remarks at you which embarrass you and almost make the working environment intolerable to work in. All these are examples of harassment and domestic violence.
There is help from our Law when it comes to this. Our courts offer protection to persons who have been or are being affected by someone else’s behaviour towards them. This behaviour can be personal, via a third party or even via social media.
THE APPLICATION PROCESS
The first step would be to approach the Domestic Violence or the Harassment section of our local Magistrate’s courts. Here you would consult with a Clerk of the Court and advise them of the instances that led to you wishing to apply for protection. You would then be given an application to fill out. You are further encouraged to bring along any evidence of domestic violence or harassment to attach to your application as this will strengthen your case. This includes but is not limited to photographs, messages, emails etc. Once the application is compiled, same would be brought before a Magistrate who would assess the merits of the matter. In your application, you would need to prove to the court, details of the previous incidents that took place which you need protection from as well as show the court that should the order not be granted that you would be prejudiced as the behaviour will most likely continue.
RELIEF
The first step would be to approach the Domestic Violence or the Harassment section of our local Magistrate’s courts. Here you would consult with a Clerk of the Court and advise them of the instances that led to you wishing to apply for protection. You would then be given an application to fill out. You are further encouraged to bring along any evidence of domestic violence or harassment to attach to your application as this will strengthen your case. This includes but is not limited to photographs, messages, emails etc. Once the application is compiled, same would be brought before a Magistrate who would assess the merits of the matter. In your application, you would need to prove to the court, details of the previous incidents that took place which you need protection from as well as show the court that should the order not be granted that you would be prejudiced as the behaviour will most likely continue.
WHAT’S NEXT
Thereafter, you would be given a date on which you would need to attend court again. This is called the return date. On this date, the aggressor is generally present. The Magistrate would meet with both you and the aggressor. Your rights would be explained and the process would begin. The Magistrate would proceed by requesting from your aggressor whether he/she wishes to defend the action or have it confirmed. Meaning have the interim order made final.
If he/she advises that he/she does not wish to defend the matter then confirm then the order is made final and the Magistrate will inform the aggressor of what his/her rights are in that respect.
If the aggressor says he/she wishes to defend the matter then the matter is adjourned for him/her to attend court with an opposing affidavit, giving reasons why the order against him should not be made final.
THE NITTY GRITTY
Applying for a Protection / Harassment Order can be a drawn out process and therefore settlement between parties is looked at if possible.
Obtaining a protection or harassment order can be daunting as you would have to face your aggressor and voice your concerns to the court when asked to do so.
If it for this reason that many people choose to hire the services of an attorney to assist with this as your attorney is well able to answer and put forward your case in a manner that you may not be able to do so in.
ON THE FLIP SIDE
If you are being labelled as the aggressor and need assistance with your matter, it also can be tricky as emotions can run high and this could leave you not thinking straight which may lead to an order bring granted against you when in fact the matter could have been settled or even dismissed.
We at the Law Offices of Larissa Singh have specially trained staff who can assist you with either bringing an application for protection from domestic violence or harassment as well as defend an application which has been brought against you. Contact us to assist you further (0842232279/larissa@larissalaw.co.za)
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