Notices > Directives in terms of Section 18A of the Act > 5. Assistance to be rendered by clerk of court to complainant or person not represented by a legal practitioner in completion of application for protection order

(1)

(a)

If the complainant or the person acting on behalf of the complainant is unable to read or write or otherwise unable to complete the application form for a protection order (Form 6 of the Annexure to the Regulations), the clerk of the court must complete the application form on behalf of the complainant or that person.

(b)	The clerk of the court must assist any complainant or person acting on behalf of the complainant with an online application for a protection order.

(2)	If a clerk of the court completes the application form on behalf of a complainant or the person acting on behalf of the complainant as contemplated in directive 6(1), the clerk of the court must, after completion of the application form ensure that—

(a)	the application form is read out to the complainant or the person acting on behalf of the complainant;

(b)	the complainant or that person acknowledges the correctness of the content thereof; and

(c)	the application is commissioned.

(3)	The clerk of the court must pertinently bring it to the attention of the complainant or the person not represented by a legal practitioner that—

(a)	supporting affidavits of persons who have knowledge of the matter may accompany the application;

(b)	evidence which may have a bearing on acts of domestic violence may, in the manner set out in the application for a protection order, be submitted to the court; and

(c)	if the complainant shares a residence with the respondent—

(i)	a domestic violence safety monitoring notice may be applied for together with the application for a protection order, or thereafter but before a final protection order is issued; and

(ii)	explain the purpose of the domestic violence safety monitoring notice and how it works.

Domestic Violence Act, 1998 (Act No. 116 of 1998)

Notices

Directives in terms of Section 18A of the Act

5. Assistance to be rendered by clerk of court to complainant or person not represented by a legal practitioner in completion of application for protection order