The Protection or Restraining Order

A protection order, also called a restraining order or domestic violence interdict, is a court
order that tells an abuser to stop the abuse and sets certain conditions preventing the
abuser from harassing or abusing the victim again. It may also help ensure that the abuser
continues to pay rent or a bond or interim maintenance. The protection order may also
prevent the abuser from getting help from any other person to commit abusive acts.

There are no costs involved in applying for a protection order, unless an attorney is used.
When legal representation is involved, each party usually bears his/her own costs, unless
one party acted fictitiously or unreasonably, in which event a court may make a cost order
against that party.

The victim can apply at the court on any day of the week, but for after-hour applications
they must go to the police station and the police will then contact a magistrate or clerk.
However, not all courts work the same way. Some only handle protection order
applications on certain days, and at certain times.

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.

Victims also have the right to bring a criminal charge against their abusers in addition to
obtaining a protection order if the act of domestic violence contained an element of
violence, because this is a criminal offence. Victims may also get a court order to have
the perpetrator’s gun removed, if applicable. Other remedies are available, depending on
the exact nature of the abuse.

The magistrate will first grant an interim protection order and the respondent will be given
a date to appear in court to give reasons why the order should not be made final.

In the meantime, the interim protection may prohibit the respondent from engaging in the
following conduct:
 Committing acts of domestic violence.
 Enlisting another person’s help to commit acts of domestic violence.
 Entering a shared residence or a specified part thereof if this is in the complainant’s best
interests.
 Abusing the complainant financially. The order may stipulate that the respondent pay
emergency monetary relief to the complainant, such as maintenance, and rental or bond
payments.
 Entering the complainant’s residence. Where the respondent is banned from entering a
certain premises, the court will omit the complainant’s address in order to guarantee the
complainant’s safety or wellbeing.
 Preventing the complainant who ordinarily lives/lived in the shared residence from
entering or remaining in the residence or a specified part thereof.
 Committing any other act specified in the order.