What to do in case of harassment

POLOKWANE – Getting a restraining order, either against someone else or against yourself, is usually the solution to resolve issues of harassment.

“First of all, you need to qualify the term ‘harrassment’. Harassment would be where another person does something or says something that you reasonably experience as harmful and that makes you uncomfortable,” she explains.
This includes:
• Following, watching or confronting you or waiting near to where you or your relative(s) happen to be.
• Unwanted verbal or electronic communication.
• Sending or delivering letters, packages, faxes, electronic mail or other objects to you or leaving something where they will be found, or if a person does any of the above to anyone in your family, household or a person that you have a close relationship with.
• Sexual harassment is unwelcome sexual attention from a person who knows or should know that such attention is unwelcome.
Examples are unwanted behaviour, suggestions, messages or remarks of a sexual nature that are offensive, intimidating or humiliating to you. A promise of a reward for complying with a sexually oriented request as well as an implied or expressed threat for your refusal to comply with a sexually oriented request.
“The victim can apply to the Magistrate’s Court for a protection order against the person who is harassing them.”
The process to lodge a complaint is:
• You ask for the office of the clerk of the court who has a duty to assist you with harassment protection orders.
• You may also lodge a criminal complaint of crimen injuria, assault, trespassing, extortion or any similar offence in cases where what the other person does constitutes any of these crimes.
• You then complete an application form to bring an application to court.
Dodd says that a child or a person on behalf of a child may apply to the court for a protection order without the assistance of a parent or guardian.
An application for a protection order may be brought outside ordinary court hours or on a day that is not an ordinary court day if you can reasonably show that you may suffer harm if the application is not dealt with immediately.
You may take with you any witnesses or other persons who have knowledge of the matter.
“Your application, your own affidavit and affidavits from any persons who know about the problem and can support your case, must be lodged with the clerk of the court who must immediately submit the application and affidavits to the court.
The court will hear your application as soon as possible and may consider your application, affidavits and also listen to witnesses and make a temporary protection order if the court finds a case of harassment but will provide for a future date to hear both parties. At the next court date, the person against whom the order was filed has the opportunity to convince the court to cancel the order. The complainant is also required to attend and will get an opportunity to motivate their case and give any supporting evidence of the harassment. Only after both parties were heard can the court make a final order to grant or dismiss the case and determine if a restraining order should be granted.”
A protection order will prohibit a person from doing anything that would constitute harassment and committing any other act as specified in the protection order. The court may, for example, order your biological but estranged father to stop sending you gifts if it upsets you. The court may also impose additional conditions the court considers to be reasonably necessary to protect your safety or well-being, order the police to seize any weapon and to investigate the matter further or issue any direction to ensure your address is not disclosed in any manner that may endanger your safety or well-being.
“Now people may ask ‘What if the harassment still continues after the court order?’. In a case where this happens, you may lay a complaint at the police and if the person against whom the restraining order was granted is found guilty of contravening any prohibition, condition, or obligation of a protection order, they may have to pay a fine or even be sentenced to prison for up to five years,” Dodds explained.
maretha@nmgroup.co.za