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The Unofficial Domestic Violence Pages |
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Has a Protection Order been served on you ? |
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You are
The Respondent
n the matter.
The person who applied for the Protection Order is referred to as
The Applicant. |
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The Legal Process: |
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The abused person (The Applicant) applies for an interim Protection Order in terms of section 4(1) of the Domestic Violence Act, 1988 [ACT No. 116 of 1988] --- Form J480E. |
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The clerk of the court, the sheriff, or a peace officer serves the interim Protection Order on you (The Respondent), and if you have any firearms in your home, they will be confiscated. |
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The interim order will stipulate all the prohibitions, example:
You may be ordered not to threaten, assault, harass, intimidate or abuse the applicant. You may also be ordered to leave your place of residence immediately, and to pay the applicant an x sum of money as emergency monetary relief on a fixed day per month. |
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In terms of section 8(1) a warrant for your arrest will be authorized, but the execution thereof will be suspended subject to your compliance with the prohibitions, conditions or obligations contained in the Protection Order. |
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IMPORTANT:
If you do not appear in court on the stipulated date and time, and the court is satisfied that the notice was properly served on you, and is satisfied that you did commit and act of domestic violence, the order will be confirmed and made final.
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