DOCS launches booklet on how to obtain a protection order | Western Cape Government

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DOCS launches booklet on how to obtain a protection order

26 August 2020

Department of Community Safety launches booklet on how to obtain a protection order

The Minister of Community Safety, Albert Fritz, welcomes the launch of the “Guide for Victims of Domestic Abuse” booklet, produced by his Department, which provides useful information on how to obtain a protection order. Please see link below.

Minister Fritz said, “I encourage residents to share this information far and wide to ensure that it reaches those who may need it most. Going forward, the Department will implement a range of communications devised to share this information further.”

The booklet assists in:

  • Defining a domestic relationship and domestic violence (DV);
  • Outlining the rights of a victim of DV and the responsibilities of SAPS;
  • Defining a protection order and how to obtain it; and
  • Providing useful contact details on how to access DV and Gender Based Violence and Femicide (GBVF) related services.

Minister Fritz said, “In applying for a protection order, it is important to distinguish between the applicant and respondent. Victims of DV and GBVF should firstly report the incident to their local police station. The victim must then apply for a protection order at their local magistrate’s court. In doing so, the victim in the application for a protection order becomes the applicant. The alleged perpetrator in the application becomes the respondent. It should be noted that an interim protection order can also be issued at any time of the day or night for protection. Alternatively, if the victim does not have a legal representative, the clerk of the court is obliged by law to inform the victim of relief or remedies available in terms of the Domestic Violence Act.”

Minister Fritz added, “A Protection Order is an order issued by a court ordering a person with whom one has or has had a domestic relationship, to stop the abuse. It is important that individuals be empowered with the knowledge of their rights pertaining to DV. This includes understanding what a protection order is and how they can obtain it. Used properly and under the correct circumstances, it can be a powerful tool in protecting a person’s life and wellbeing all-round.”

A protection orders prohibits the respondent from:

  • enlisting the help of another person to commit any such act;
  • entering a residence shared by a complainant and the respondent or a specified part of the shared residence or the victims place of employment or where the victim resides;
  • committing any other act as specified in the protection order including an order to seize any firearms or dangerous weapon from the respondent; or
  • financially threatening the victim by making monetary relief available to the victim.

Minister Fritz said, “You can apply for a protection order if you are a victim of domestic violence, this includes children. If the victim is too young, a parent or guardian, or any person acting on behalf of someone who is responsible for them, may apply with their permission for a protection order.”

Minister Fritz added, “In the event that the respondent disobeys the protection order, the applicant should contact the SAPS. Thereafter a statement will be taken from him/her; the police will be provided with a warrant of arrest which the complainant received together with the protection order and, if the victim is in immediate danger, the respondent will be arrested, otherwise he/she will be given a notice to appear in court.”

Minister Fritz continued, “It has been one year since the brutal rape and murder of young Uyinene Mrwetyana (20). This brutal incident contributed to a powerful women-led movement across the country which aimed to challenge the prevalence of GBVF in our society. I wish to extend my heartfelt condolences to the families of all who have lost loved ones as a result of GBVF and DV. We must take a stand against this social ill wherever it occurs. There is absolutely no place for it in our society.”

Useful links

Attention broadcasters, please see English audio clip here:

Media Enquiries: 

Cayla Ann Tomás Murray
Spokesperson for Minister Albert Fritz
Tel: 021 483 8550
Cell: 064 121 7959