What is Restraining Order?
A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
How Long Is A Restraining Order Valid In South Africa
The application may be heard on camera and the complainant respondent may be allowed to bring not more than three persons for the purpose of providing support. The protection order is valid for life and enforceable throughout the Republic.
What is the longest you can get a restraining order for?
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
How does a restraining order work in South Africa?
A restraining order usually prevents the person being accused of abuse from being within a certain distance from the complainant. She notes that should the respondent break the order, they may be arrested. Alternatively, should the two parties mutually start communicating again, the order will fall away.
How do you cancel a restraining order in South Africa?
If you’ve obtained a Protection Order, either you or the respondent can apply to the Family Court to have the order canceled (“discharged”). The judge will only cancel the Protection Order if satisfied that it’s no longer needed for your protection.