In light of the recent wave of domestic violence incidents, police have issued the procedures by which people who think their lives might be threatened, can take out protection orders.
The provincial commissioner of the Mpumalanga Police, Lieut-Gen Mondli Zuma, indicated that victims of domestic violence should be equipped with knowledge to ensure they are aware of the
existence of protection orders and also how they work.
A protection order can be instituted against boyfriends or girlfriends, husbands or wives as well as children and parents.
The process of applying for a protection order begins at the police station, where the victim will be given forms to complete.
If the victim has been assaulted, he or she can either opt to register a criminal case docket, apply for a protection order, or do both.
The forms, which are completed at the police station, are then taken to court where an interim order of three copies will be granted to the plaintiff, one to be filed at the police station, the other to be kept by the victim and one which is to be served to the defendant.
The interim order has a date when the plaintiff, as well as the defendant, should meet at court where both parties will be offered a chance to contest against each other on the reasons contemplated by the plaintiff.
Should the court rule in favour of the plaintiff, a final order will be issued again in three copies and the same procedure as in the case of the interim order, will be executed.
However at this stage, a warrant of arrest will accompany the final order. The police have a responsibility to accompany the plaintiff when serving the interim or the final order to the defendant.
“The final court order will remain active unless otherwise changed by the plaintiff,” Lieut-Gen Zuma said.
He further indicated challenges most often encountered by police, are the withdrawal of cases by plaintiffs where a court order has been issued against the alleged perpetrator.
He said the victim should know that when he or she withdraws a case which has a court order, the existence thereof is nullified.
“If therefore, they are threatened in any way, they will be required to restart the whole process.”
He explained further that the suspect can still be arrested during the stage of an interim order.
“Victims must not hesitate to report those who are violating their rights.
“There are instances where women are battered by their partners and some are left crippled or have died gruesomely.”
