The legal options victims of domestic violence have when reporting domestic violence.
You’ve taken the first step, you have decided to report the domestic violence you have been facing. In an attempt to further educate the public on what happens when a person reports such, Parkview Police Station has shared details into the two types of action a victim can take. These options will be explained fully to the complainant during the interview. The main options complainants have is to either opening a case with charges or file for a protection order.
Below are details of 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 in 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.
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