| (1) | The court must as soon as is reasonably possible consider an application submitted to it in terms of section 2(7) and may, for that purpose, consider any additional evidence it deems fit, including oral evidence or evidence by affidavit, which must form part of the record of proceedings. |
| (2) | If the court is satisfied that there is prima facie evidence that— |
| (b) | harm is being or may be suffered by the complainant or a related person as a result of that conduct if a protection order is not issued immediately; and |
| (c) | the protection to be accorded by the interim protection order is likely not to be achieved if prior notice of the application is given to the respondent, |
the court must, notwithstanding the fact that the respondent has not been given notice of the proceedings referred to in subsection (1), issue an interim protection order against the respondent, in the prescribed manner.
| (a) | Upon the issuing of an interim protection order the court must direct that the interim protection order be served on the respondent in the prescribed manner by the clerk of the court, sheriff or peace officer identified by the court; |
| (b) | a copy of the application referred to in section 2(1) and the record of any evidence noted in terms of subsection (1), must be served on the respondent together with the interim protection order in the prescribed manner; |
| (c) | an interim protection order must call on the respondent to show cause on the return date specified in the order why the interim protection order should not be made final. |
| (4) | If the court does not issue an interim protection order in terms of subsection (2), the court must direct that the certified copies of the application concerned and any supporting affidavits be served on the respondent in the prescribed manner by the clerk of the court, a sheriff or a peace officer identified by the court, together with a prescribed notice calling on the respondent to show cause on the return date specified in the notice why a protection order should not be issued. |
| (5) | The return dates referred to in subsections (3)(c) and (4) may not be less than 10 days after service has been effected on the respondent, but a return date referred to in subsection (3)(c) may be anticipated by the respondent on not less than 24 hours’ written notice to the complainant and the court. |
| (6) | An interim protection order is of force and effect from the time it is issued by the court and the existence thereof has been brought to the attention of the respondent. |
| (7) | Upon service or upon receipt of a return of service of an interim protection order on a respondent, the clerk of the court must immediately cause— |
| (a) | a certified copy of the interim protection order; and |
to be served on the complainant in the prescribed manner.
