The differences between opening a case and getting a protection order
JOBURG – How opening a case or initiating a protection order after domestic violence should go.
The legal options for victims of domestic violence and abuse explained..
With the 16 days of Activism against Gender-Based Violence in full swing, police are reminding the public that they remain on standby to help victims take action. According to the police, there are two immediate actions that such victims can take, namely opening a case or filing for a protection order. In both instances, the victim will be interviewed by an officer and explained in full detail what these options entail.
Below are details into both these options:
- Option 1: Opening a case
This course of action results in a case being opened by the victim. After the interview and consent to opening the case by a police officer, a docket will be registered and the case number will be sent to the victim via SMS. The case docket will be handed to an investigating officer, who will then do further investigation on the matter. Evidence such as bodily harm, threats and medical reports will strengthen the case. A court date will eventually be communicated between the victim and the abuser/s and the matter will be handled there. The complainant will be kept up to date with the progress of the case by the investigating officer.
- Option 2: Protection order
After reporting the incident to the police, you will be given a document which should be taken to your nearest relating court. This court hears and grants matters pertaining to protection orders. This order legally compels a perpetrator from staying away from the victim. A date will be given to the accused and complainant to attend proceedings at the court. If the court is satisfied that the suspect is committing or has committed an act of domestic violence/harassment and unnecessary hardship may be suffered by the complainant as a result of the act, the court will issue an interim protection order against the accused. The accused must sign the document that they are informed of the protection order against them. If the accused violates the protection order, police should be contacted and that person will be arrested immediately for violation of a protection order.
