The abuse of Protection Orders and how to defend it...

Yes, I said it..Protection order granting process can be a real problematic one as it sometimes gets abused by victims in order to have an upper hand and sometimes even to continue their toxic behaviour in relationships and marriages.The strange thing is that nobody wants to talk about it, even when they become aware of it.

Police accountability in GBV cases also needs attention.So many times the protection orders get abused and it destroys the person that it was taken out against.

Protection orders help to protect people from others wishing to cause them harm. Their use is most commonly related to marital disputes or other family divisions. Courts impose millions of the orders every year and the protection they give is invaluable to many.This order can sometimes safe your life.

Unfortunately, some people falsely obtain the orders to help them gain the upper hand in a divorce or custody case. If you receive a protection order, you may not have access to your children, you can lose the right to enter your home, and if you disobey the order, it will reflect on your criminal record for future reference.So you can literally find yourself in a very bad situation if you do not follow the protection order granted against you.

What is the punishment for filing a false order of protection in South Africa?

If the complainant wilfully lies under oath or makes a false statement, he/she may be criminally charged in terms of the Act, and could face a two-year prison sentence if convicted.

Can a protection order be contested?

Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

What should you do when you get served with the protection order?

Please stay calm.Do not act out as that could count against you in court.You will receive a notification of the order along with a hearing date where you can argue your case. Do not ignore a notice of a protection order because it can have a negative effect on your reputation. Do not try to contact the person protected by the order and follow all instructions in the order. This means turning in all firearms to the police if that is stipulated by the order.

Contact witnesses if the order said there was physical violence or threats during an altercation and others were around when the event took place. Keep any earlier communication between yourself and the accuser. This includes text messages, email or any written or digital record. If they were the aggressor, contact any witnesses to this type of behaviour.

Do not respond if the accuser contacts you. People that file false allegations can sometimes use this method to cause more legal problems for the person they claim is harassing them. Make a note of the attempted contact and notify your attorney of the event.

File a response with the court telling your side of the story, but do not neglect the hearing. Hire a lawyer who can help you prepare for your defense. There is no requirement to have a lawyer, but their help is valuable. Failure to appear at the hearing will mean that everything that you accused of is true.Keep in mind that a permanent order is for life.

Meet with your lawyer before the hearing and bring all documentation so they can decide if there is a need for more information. Arrive on time, remain calm and do not approach the accuser or try to communicate with them. Speak carefully and honestly to the judge when asked a question. Avoid making any personal attacks against the accuser or others.

Composure, clear facts, and good organisation help to make people look more responsible and reasonable. However, it takes more than this to win a case. Proof matters more than anything else. Do not forget or ignore the instructions from an attorney to bring documentation, witness statements or anything else that disproves the accuser's accusations.

Stay away from the accuser even if the court decides the protection order was not legitimate. Avoid being along with the person if a complete separation cannot happen because of children. Have a reliable witness with you when picking up or dropping off children or meeting in public. Avoid texts, phone calls, or emails to prevent any potentially damaging exchanges.

False claims of abuse or harassment happen too often in contentious custody cases and divorce proceedings. People must protect themselves, no matter how ridiculous the claims may be, because of the damage the order can cause to a public reputation. Get help as soon as possible.

Can a protection order be withdrawn?

A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.

Will I go jail for breaching restraining order?

Should a Respondent be found guilty of contravention of a protection order he/she, depending on the seriousness of the matter will either be fined or imprisoned for a period not exceeding 5 years. Contravening a protection order is a serious and very prevalent matter in our courts and should be seen in a serious light.

How long does protection order expire?

The protection order is valid for life and enforceable throughout the country.

Does a restraining order go on your record in South Africa?

Civil Protection Orders do not create a criminal record.

Only if your perpetrator violates the order is it a criminal offense . PERMANENT MEANS PERMANENT .When a judge grants a Permanent Protection Order (PPO) it is valid permanently and for life.

Final Thoughts:

It is very important that you stay in control of your emotions, actions and especially your sanity during this difficult time. Ensure that you have a support system set up and if needs be gets in contact with an organisation that can assist you during this time.

You only human and remember that you are not alone. Just reach out and equip yourself with all the tools and survival tactics to get through this time.

There is a very thin line between love and hate and yet we don't want to see it.If there is children involved in the matter , ensure that you see to their needs and pay your maintenance as per agreements in place.

There are more than two people involved in this battle. The families of both spouses. Friends, colleagues and even the community that you found yourself in. Stay focused and reach out when you feel that is becoming too much.