Who can approach the Court for a Protection Order?

Before the Protection from Harassment Act:

· Only victims involved in a domestic relationship (such as spouses in a marriage, engaged couples or parties in a romantic-, intimate- or sexual relationship) could seek recourse.

After the Protection from Harassment Act (April 2013):



· Any victim of harassment causing mental, psychological, physical or economic harm;

· Also victims that were previously left unprotected, such as children and receivers of harassment committed by way of electronic communications (SMSes) or electronic mail (emails);

· A child or a person on behalf of the child such as a friend, relative or teacher may apply for a Protection Order without the assistance of the child’s parents or guardian.

Good to know: 

· If you do not have a lawyer, visit the Magistrate’s Court and ask the Clerk of the Court to assist you with the application procedure;

· Applications may be brought outside the ordinary Court hours or on a date which is not an ordinary Court date, if the Court has reason to believe that the victim is suffering or may suffer harm if the application is not dealt with immediately;

· You also have the right to lodge a criminal case against the harasser / Respondent (crimen injuria, assault, trespassing, extortion or any other criminal charge that has bearing on a persona or property).

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