All about a protection order

Anyone who feels they are being abused has the right to apply for a protection order at the nearest police station or magistrate’s court.

Any victim of domestic violence can apply for a projection order.

A protection order is issued by a court at the victim’s request and orders a person with whom the victim has, or had, a domestic relationship, to stop any form of abuse.

“It may also prevent the person from getting help from any other person to commit such acts. An interim protection order can also be issued at any time of the day or night for the victim’s protection,” said head of Edenvale SAPS’ social crime prevention unit, Sergeant Ulandi Mouton.

Children can also apply for a protection order.

“If they are too young, a parent or guardian, or any person acting on behalf of the child can apply for the protection order with their permission. Any police official can also apply for a protection order on behalf of a victim. To ensure that proper procedure has been followed, victims are asked to sign an Occurrence Book at the police station,” said Sgt Mouton.

The police officer will then provide victims with a notice in a language they understand, and explain how they should proceed.

SAPS members should make an effort to find someone to speak to the victim in the language of his or her choice.

“The victim’s statement should be taken in privacy and not in the presence of the abuser or the public,” said Sgt Mouton.

On the basis of the statement given by the victim, the police officer will then decide whether to arrest the abuser.

A decision will also be taken on whether any weapons need to be removed from the abuser’s possession.

“An officer will then serve a protection order on the abuser as directed by the court,” said Sgt Mouton.

A copy of each protection order is kept on record at the police station.

“Victims are also asked to note their complaints in the Incident Register at the station as further proof that the matter was reported,” she said.

“We will, where possible, help victims gain access to medical attention, shelter and victim counselling,” said Sgt Mouton.

Officers should also inform victims of support services available in the area, such as alternative shelters and counselling services.

“We will ensure that a medical officer collects and records any medical evidence in support of a criminal charge and we will go with you to your home when you need to collect personal belongings, if this is provided for in a protection order that has been issued,” said Sgt Mouton.

Should a police officer fail to carry out this commitment, the victims can report the matter to the station commissioner at the relevant police station.

The complaint will be noted in a complaints register, stating the name of the member concerned, the date on which the complaint was lodged, and the details of the complaint.

The station commissioner will take disciplinary steps against the member involved.

“If an abuser disobeys a protection order, the victims should call their nearest police station immediately,” said Sgt Mouton.

A statement will be taken and the victim will be asked to provide the responding officer with the warrant of arrest issued together with the protection order.

“If you are in immediate danger, the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day,” said Sgt Mouton.