Protection orders are worthless if the police don’t offer swift assistance and protection to those who need it most. The Action Society team has been supporting a teenage girl, Daisy*, since a vicious attack on 17 July 2023, where she suffered stab wounds to her head. This attack followed a previous one by the same attacker that led to nearly fatal wounds and a lengthy hospital stay. Despite the serious nature of the first attack, her attacker was granted police bail. He ignored a protection order and continued to stalk her and again attempted to take her life. Had Action Society not intervened and ensured that the police took note of the protection order, the attacker could very well have been released again.
“Almost two years have passed since Daisy was nearly stabbed to death by her ex-boyfriend, who was stalking her relentlessly. For 560 days, this young woman and her family have been desperate for justice and answers, but every time they walk out of the court, they are left with more questions and wonder if they will ever see justice be done,” says Kaylynn Palm, Head of Action Society’s Action Centre.
According to Palm, Daisy’s case is a sad reminder that protection orders are worthless if the police don’t enforce them. “Unfortunately, the police often show victims the door and tell them to go to court to obtain a protection order on their own. That is unacceptable. A battered woman should be encouraged to lay charges against her attacker so that a case can be opened immediately. Obtaining a protection order is the second step and will allow the police to act swiftly should it be breached because there is already an open case.”
Police stations are supposed to be equipped with victim-friendly rooms. GBV victims should be assisted with empathy and not dismissed to face their attackers alone.
If you, or anyone you know, require a protection order, here are the steps you need to follow:
– The complainant must make an affidavit and complete an application form at their police station as soon as possible. Please read the document “Notice to complainant in a case of domestic violence” before completing the application form. Follow this link (https://actionsociety.co.za/wp-content/uploads/2025/01/Action-Society-Protection-Order-Brochure.pdf) to download the document. This explains your rights and the steps you may take to protect yourself, your children and other members of the shared household.
– Supporting affidavits by persons who have knowledge of the matter in question, may accompany the application to strengthen your case further.
– These documents must be handed to the clerk of the nearest court. The court will consider the application immediately.
– The application for a protection order is not limited to the complainant. It may be brought on behalf of the complainant by any other person who has an interest in the complainant’s well-being. This includes a counsellor, a health service provider, a social worker, a teacher, or a member of the SAPS.
– If the court is satisfied that there is sufficient evidence that the suspect is committing or has committed an act of domestic violence/harassment, and the complainant may suffer unnecessary hardship as a result of the act, the court will issue an interim protection order against the respondent.
– The application for an interim protection order may be brought at any time, not only during office hours or on court days. This interim protection order aims to protect the complainant immediately. It has no force or effect until it has been served on the respondent.
– The court must also issue the respondent a suspended warrant of arrest. A breach of the protection order requires that the respondent must be arrested by the police immediately.
– The interim protection order is not a final order from the court but a temporary order which grants immediate relief until the return date (the date on which the applicant and the respondent, after being given due notice, are to appear before the court to have the protection order made a final order). On this return date, the respondent can present reasons why the protection order should not be made final to the court.
– If the respondent does not appear in court on the return date, but the court is satisfied that proper notice has been given to the respondent and that there is sufficient evidence that the respondent has committed or is committing an act of domestic violence/sexual harassment, the court may make a final order on the return date.
