A protection order whether it was granted in terms of the Domestic Violence Act or in terms of the Protection from Harassment Act, is a court order that was granted against a Respondent by a Magistrate in court.

This order then prohibits a Respondent to commit any of the acts of Domestic Violence or Harassment as set out in the interim or final order granted.

Once an order is granted the Applicant obtains a Warrant of arrest from court which enable them to open a criminal case against the Respondent when he/she is in breach with any of the conditions as set out in the order.

The Applicant will have to approach the SAPS to open a case of contravention of a protection order. In Domestic violence cases the Complainant will then file an affidavit of the offence committed and the Police depending on the seriousness of the offence such as threats and/or assault will arrest the Respondent and also seize any dangerous weapons if any.

After a Respondent is charged and brought to court within 48 hours, the Prosecutor may not refuse to institute prosecution or withdraw a matter involving Domestic Violence without the consent of the Director of Public Prosecutions.

Should a Respondent be found guilty of contravention of a protection order he/she, depending on the seriousness of the matter will either be fined or imprisoned for a period not exceeding 5 years.

Contravening a protection order is a serious and very prevalent matter in our courts and should be seen in a serious light. Think twice before you try and contravene a protection as even the slightest breach if successfully prosecuted, will give you a criminal record.

Also note that an order that was granted in terms of the Domestic Violence Act never expires whereby a final order granted in terms of the Protection form Harassment Act expires after a period of 5 years.