1. Go to the Magistrate’s Court and complete a Protection Order Application form.
– You may ask the Clerk of the Court for assistance;
– Take with you all supporting documents (including Affidavits of others, photos, text messages, etc.);
2. The Presiding Officer will consider your application as soon as reasonably possible.
3. If the Presiding Officer agrees that you are in danger of further harm, the Presiding Officer will issue you with an interim order.
– The Presiding Officer can issue an interim Protection Order without listening to the harasser’s side of the story;
– The abovesaid order is a temporary court order;
– This temporary court order will specify a future date – the return date – upon which both parties (victim and harasser) are to appear in court to each present their case.
4. A member of the SAPS or the Sheriff of the Court will serve the interim order on the harasser.
5. On the return date: the Presiding Officer will listen to both sides of the story.
– If found on a balance of probabilities that the harasser did indeed commit an act of harassment and that harm will be suffered if a final order is denied, a final Protection Order will be issued;
– If not, the interim Protection Order will fall away/ become invalid;
– The Presiding Officer may even issue a final Protection Order in the harasser’s absence should the harasser be a no-show.
– An interim and final Protection Order both come with a suspended warrant of arrest;
– An interim and final protection order both specify certain rules for the harasser to follow (do not make contact/ do not come within a certain distance of the victim/ etc.);
– Should the harasser overstep any of the rules stipulated in the interim or final order, the victim can go to the Police Station and ask for the harasser’s arrest!