How does a restraining order work in SA?

An application for a protection order in South Africa can be made at a Magistrate’s Court in the area where the complainant or the respondent lives or works, or where the domestic violence happened. The complainant will have to complete the necessary application forms, which can be obtained from the clerk of the court.

Table of Contents

What type of proof do I need to support a restraining order?

Evidence to show you need a Restraining Order can be ▪ Details of your own story, ▪ Information about criminal charges against your partner, ▪ Hospital or doctor’s records showing injuries or violence, ▪ Any harassing or threatening text messages, Page 2 2 ▪ Statements from witnesses who have seen the abuse.

How do I get a harassment order in South Africa?

The process for applying for a protection order is by completing an application form, where the complainant is required to set out the reasons why a protection from harassment order is required and listing full details of all incidents of harassment they have experienced.

How long is a restraining order valid in South Africa?

for life

5. the protection order is valid for life and enforceable throughout the Republic.

What do you need for a restraining order?

What are the grounds for getting a restraining order? The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you)

How do I prove harassment in South Africa?

A complainant can apply at their nearest Magistrate’s court. They need to approach the clerk of the court and request an application for a Protection Order against harassment. The complainant must complete an affidavit stating the facts relating to the harassment.

How long does a restraining order last?

How long does a restraining order last for? A restraining order can be made for as long as the judge thinks is necessary to protect you. If the judge doesn’t specify a particular period, the order lasts for one year.

What are the 3 types of harassment?

What Are the 3 Types of Harassment?

Verbal.
Visual.
Physical.

Can the police issue a restraining order?

Restraining orders
If the police charge your abuser and the case goes to the criminal courts then the court may make a restraining order to protect you. The criminal court can make the restraining order whether or not your abuser is convicted (found guilty).

Is a restraining order a criminal record?

Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

How can you prove harassment?

In order for behavior to meet the standards of harassment, it must:

Involve discrimination against a protected class of people.
Involve offensive conduct.
Include unwelcome behavior.
Involve some level of severity or pervasiveness that affects your ability to work.

Is it harassment if they text back?

In fact, the text messages or other unwanted communications do not have to be specifically threatening in any way to constitute harassment. So long as the contact is unwanted, the text messages qualify as harassment.

How do you put a restraining order on somebody?

Step 1: Go to circuit court and request a petition. Go to the circuit court where you live, where the abuser lives, or where the abuse occurred.
Step 2: Fill out the petition. Carefully fill out the petition.
Step 3: A judge will review your petition.
Step 4: Service of process.
Step 5: The hearing.

What happens if the victim breaks a restraining order?

If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.

How can I prove someone sent a text?

You can authenticate text messages by presenting: a “copy,” a screenshot, photo, or print-out of the message that includes identifying information that links the message to the texter, and. testimony or affidavit that the copy is a true and accurate representation of the text messages.

What are some examples of inappropriate messages?

Examples of Inappropriate Texts

Vulgar jokes.
Sexually explicit images.
Photos of the senders’, or another person’s, genitals.
Requests for pictures of the recipient’s private parts.
Requests for sexual favors in return for career advancement (quid pro quo)
Unwanted flirting or teasing.
Sexually threatening messages.

Will a judge look at text messages?

Not only are SMS text messages admissible as evidence in the Family Court (and all other family law jurisdictions), but so are emails, Facebook posts, Twitter tweets, skype transcripts, and any other electronic messaging.

Can police read text messages that have been deleted?

So, can police recover deleted pictures, texts, and files from a phone? The answer is yes—by using special tools, they can find data that hasn’t been overwritten yet. However, by using encryption methods, you can ensure your data is kept private, even after deletion.

What is harassing behavior?

Harassment is any unwanted behavior, physical or verbal (or even suggested), that makes a reasonable person feel uncomfortable, humiliated, or mentally distressed. Depending on state laws, the definition and boundaries for what’s considered harassing behavior may slightly vary.

Can screenshots of texts be used as evidence?

Can WhatsApp conversation be used in court?

In January 2020, a two-judge bench of the Supreme Court accepted WhatsApp chats and e-mails as “proof” of a contract.

Can police track your phone messages?

Authorities can get access to unopened email messages from the last 180 days, but they must get a warrant, first. The police may obtain your opened and unopened messages that are 180 days old or older with a subpoena. But they have to let you know once they’ve requested this access from the provider.

Can police track you through your phone?

Can Police Track Your Phone? The police won’t track your phone without reason, but they can access your device’s location history in an emergency or if they suspect criminal activity. Once they have a warrant, the police can access a phone’s GPS data through a cell provider and view its current or last known location.

What are 3 actions that are considered harassment?

Examples are:

Sexual or offensive comments.
Sending inappropriate texts, memos, or images that are sexual or crude in nature.
Sexual innuendos in conversation.
Unwarranted or unwelcome physical touch such as rubbing, touching, or hugging.

Can the police recover deleted WhatsApp messages?

We do not retain data for law enforcement purposes unless we receive a valid preservation request before a user has deleted that content from our service. In the ordinary course of providing our service, WhatsApp does not store messages once they are delivered or transaction logs of such delivered messages.

How does a restraining order work in SA?