When a protection order is taken out against you

Being served with a protection order can come as a shock, especially if you believe it is unfair or based on things that didn't happen. It may tell you to stay away from your partner, your home or even your children. It is normal to feel angry and wronged. How you act over the next few weeks matters a great deal.

This guide focuses on orders under the Domestic Violence Act 116 of 1998. Orders under the Protection from Harassment Act 17 of 2011 follow a similar process. See protection orders for harassment.

How a protection order works

• The interim order. The court can grant an interim (temporary) protection order without hearing your side first. The law allows this so that a person who may be in danger can be protected quickly. It is not a final decision about what happened.
• Service. The order takes effect once it has been served on you, usually by the sheriff or the police. Keep your copy safe.
• The return date. The order gives a return date. This is the day you can come to court, oppose the order and give your side. The court then decides whether to make a final order.
• The warrant of arrest. When the court grants an order, it also issues a warrant for your arrest that is suspended. If the person who applied says you have broken the order, the police can use that warrant to arrest you.
• A final order. If the court makes the order final, it stays in force until a court changes or cancels it.

A protection order on its own is not a criminal conviction. But breaking it is a crime, and a separate criminal case may also be opened about the same events.

Read the order carefully

Read every part of the order, and check:

• what you must not do, such as contacting the person or going to certain places;
• whether you have to leave a home you share;
• whether it says anything about contact with your children;
• whether you must hand over a firearm or other weapon;
• the return date, the time and the court.

If anything is unclear, ask a lawyer, or ask the clerk of the court to explain the process.

Comply while you respond

You can disagree with the order and still obey it. In fact, obeying it is the best way to protect your side of the case.

1. Stop all contact. Don't call, message or visit. Don't contact the person through friends, family or social media, unless the order clearly allows it.
2. Don't respond to invitations. If the person who applied contacts you, don't reply in a way that breaks the order. The order binds you, and their contact does not cancel it. Keep a copy of the messages.
3. Keep away from places in the order. If you must leave a shared home and need your belongings, ask a lawyer or the police how to collect them safely. Don't just go back.
4. Hand over any firearm if the order says so.
5. Carry a copy of the order. It helps you and the police know exactly what it says.

Preparing for the return date

1. Get legal advice early. Legal Aid South Africa, a university law clinic or a private lawyer can help. See finding legal help you can afford.
2. Put your side in writing. Your lawyer or the clerk of the court can explain how to place your version before the court. This is often done in a sworn written statement called an affidavit.
3. Gather evidence. Collect messages, emails, photos, documents showing where you were, and the names of people who can confirm your version.
4. Stick to the facts. Answer each claim calmly and clearly. Attacking the other person's character usually works against you.
5. Go to court on the return date. If you don't attend, the court can make the order final without hearing you. If you truly can't attend, contact the court or your lawyer before the date.
6. Ask about an earlier hearing. If the order causes serious hardship, such as keeping you out of your home, ask a lawyer whether the matter can be brought back to court sooner.

Children and your own safety

• Children. If the order limits your contact with your children, follow it exactly. Raise the issue at the hearing and ask the court to make proper arrangements. You can also get advice under the Children's Act 38 of 2005, and the Office of the Family Advocate may become involved. See fathers' rights and responsibilities.
• If you are the one being abused. You have the same right as anyone to apply for your own protection order. See applying for a protection order. Only apply if you genuinely need protection. An application made out of revenge can damage your credibility.
• If you are arrested. Read your rights if you are arrested and if you are falsely accused.

Getting support

• For legal advice, call the Legal Aid South Africa Advice Line on 0800 110 110.
• If you are struggling to cope, call Lifeline South Africa on 0861 322 322, or the SADAG Suicide Crisis Helpline on 0800 567 567. Both are open 24 hours a day.
• If you are being abused yourself, the GBV Command Centre on 0800 428 428 helps people of all genders.
• In an emergency, call 10111, or 112 from a cell phone.
• You can share what happened anonymously at /report, and tick the support box if you would like someone to contact you.
• To reach the Men for Change support team, go to /contact?topic=support.
• More helplines are listed at /resources.