A neighbour who repeatedly threatens you, an ex-partner who refuses to stop contacting you, a colleague who persistently intimidates or stalks you. Many people assume that legal protection is only available once physical violence has occurred. This is not the case.
South African law provides accessible and effective mechanisms through which individuals subjected to threats, intimidation, harassment or abuse may obtain protection through our courts. Depending on the nature of the relationship between the parties, relief may be sought in the form of either a domestic violence protection order or a harassment protection order.
Domestic Violence vs Harassment Protection Orders
A domestic violence protection order applies where the parties are or were in a domestic relationship. This includes spouses, romantic partners, parents of a shared child, family members and persons who share or previously shared a residence.
A harassment protection order applies where no domestic relationship exists. It offers protection against harmful conduct perpetrated by neighbours, colleagues, acquaintances and even complete strangers.
Importantly, both forms of protection extend far beyond physical violence. Our courts may intervene in cases involving emotional, psychological or verbal abuse, intimidation, stalking, repeated unwanted communications and other conduct that causes harm or creates a reasonable fear of harm.
The Application Process
Applications are brought before the Magistrates’ Court. The complainant is required to complete the prescribed documentation setting out the conduct complained of and the relief sought.
Where sufficient grounds exist, the court may grant an interim protection order pending a return date. The respondent is then afforded an opportunity to present their version before the court determines whether a final protection order should be granted.
Duration and Validity
An interim protection order remains in force until the return date stipulated by the court.
A final protection order remains in force indefinitely and does not lapse after a fixed period. However, either party may apply to have the order varied or rescinded should there be a material change in circumstances.
Common Misconceptions
One of the most common misconceptions is that protection orders are reserved for cases involving physical assault. In reality, our law recognises that abuse and harassment often take more subtle forms.
Persistent unwanted messages, threatening conduct, stalking, intimidation and psychological abuse may all justify court intervention, even where no physical harm has occurred.
The Importance of Legal Advice
Each matter is assessed on its own facts and the success of an application largely depends on how the evidence is presented to the court.
Similarly, individuals against whom protection orders have been sought should obtain legal advice, as such orders can have significant legal and practical consequences.
Conclusion
No person should be compelled to endure ongoing harassment, intimidation or abuse. The law provides effective remedies to protect individuals and where necessary, secure urgent court intervention.
Whether you require assistance in obtaining a protection order or defending an application brought against you, our team is available to advise you on the appropriate course of action.
