Domestic violence and how to obtain a protection order
In this column, I will explain what domestic violence is, how a protection order works, and the steps you can take to protect yourself and your loved ones.
Domestic violence is the exploitation of one family member or partner by another. The abuse can be sexual, verbal, physical, emotional or psychological. The abuser is not necessarily a man; victims are generally women or children.
Five main factors contribute to violence between family members: extreme stress, personal dispositions, social segregation, cultural or societal norms, and situational factors.
Few people are educated on how to prevent the recurrence of domestic violence or sexual harassment by clearly stating what conduct the alleged offender must refrain from doing.
How a protection order helps
A protection order can protect you. If the respondent (the alleged abuser) violates any part of the order, he or she may be arrested. Once granted, a protection order is enforceable throughout the country.
Steps to obtain a protection order
Make an affidavit at a police station. The police will also give you a form to fill in. This form explains your rights and the steps you can take to protect yourself, your children and other members of the shared household.
Once the documents are completed, hand them to the clerk of the court in the area where you live. The court will then consider your application immediately.
The application for a protection order is not limited to the complainant. It may also be brought on behalf of the complainant by any person with an interest in the complainant’s wellbeing, such as a counsellor, health service provider, social worker, teacher or police officer.
If the court is satisfied that there is enough evidence that the suspect is committing or has committed an act of domestic violence or harassment, and that the complainant may suffer unnecessary hardship as a result, the court will issue an interim protection order against the respondent.
An application for an interim protection order may be made at any time, not only during office hours or on court days. The purpose of this temporary order is to provide immediate protection. However, it has no force or effect until it has been served on the respondent. The court is also required to issue a suspended warrant of arrest for the respondent. If the respondent breaches the protection order, he or she must be arrested immediately.
From interim to final order
The interim protection order is temporary. It grants immediate relief until the return date, when the applicant and respondent, after being given proper notice, appear in court to have the order made final. On the return date, the respondent may present reasons why the protection order should not become final. If the respondent does not appear, but the court is satisfied that proper notice was given and that there is sufficient evidence of domestic violence or harassment, the court may make a final order.
Once a protection order is obtained, the respondent cannot prevent the victim or a child who usually lives at the shared residence from entering or remaining there.
Firearms and property
When applying for a protection order, the complainant may ask for the removal of the respondent’s firearm or other dangerous weapon. If the magistrate orders the police to remove the firearm, the police will keep it until the case is finalised. The firearm can only be returned to the respondent by court order, which may impose conditions. The court may also order the state to keep the firearm if it is in the best interest of the victim’s safety.
Criminal charges
Criminal charges may be laid in cases where domestic violence or harassment constitutes an offence, such as assault or rape. You do not need to use the protection order process before laying criminal charges. A criminal charge can be registered with or without a protection order.
Retrieving property
The court may order a police officer to accompany a complainant to retrieve their property from a specified place, to ensure the complainant’s safety.