Domestic Violence Act, 1998 (Act No. 116 of 1998)RegulationsDomestic Violence Regulations, 20227. Manner of applying for protection order (section 4(1)) |
| (1) | A complainant may apply to the court for a protection order— |
| (a) | on a form which corresponds substantially with Form 6 of the Annexure; and |
| (b) | by submitting the completed form to the clerk of the court— |
| (i) | in person; |
| (ii) | electronically; or |
| (iii) | through the online portal. |
| (2) | The application referred to in subregulation (1) must be made by way of an affidavit in which the following must be stated: |
| (a) | The facts on which the application is based; |
| (b) | the nature of the order applied for; |
| (c) | the name of the police station where the complainant is likely to report any breach of the protection order applied for; and |
| (d) | the court having jurisdiction at which the complainant will be able to or prefers to attend the hearing of the matter. |
| (3) | Where the application is brought on behalf of a complainant by another person, the affidavit referred to in subregulation (2) must also set out or contain— |
| (a) | the grounds on which such person has a material interest in the well-being of the complainant; |
| (b) | the occupation of such person and capacity in which such person brings the application; and |
| (c) | except in cases excluded by the provisions of section 4(3)(b) of the Act, proof of the written consent of the complainant. |
| (4) | The form of consent with which an application made on behalf of a victim may be brought, must correspond substantially with Form 7 of the Annexure. |
| (5) | Any supporting affidavit may be submitted with the application. |