Such an order can be issued by the court at the request of the victim.
It may also prevent the perpetrator from getting help from any other person to commit such acts.
According to Dino Montepara, director at Malherbe Rigg and Ranwell Attorneys, an interim protection order can also be issued should the magistrate find that the victim is in imminent danger.
“To get a protection order one must approach the magistrate’s court and a court official will assist the victim in opening a case to obtain the order.”
He says that when one applies for the order that must make sure that the abuse is ongoing and not something that occurred years ago.
“The application will then be taken to the magistrate and should he believe that the complainant is in imminent danger he will grant an interim order which will be effective immediately.
“Should the complainant not be in immediate danger then both parties will be given a court date where they can both plead their cases.”
Montepara adds that should the order be violated then the person, who the order is against, may face prison time.
According to him, if it is a minor that requires a protection order then any adult with an interest in them can apply on their behalf.
The same applies for any person who is mentally unable to do so.
He adds in cases involving children it is best to approach the children’s court.
