Protection from Harassment Act, 2011 (Act No. 17 of 2011)NoticesNational Instruction 1/2013 : Protection from Harassment11. Collection of personal property identified in the application for a protection order |
| (1) | The court may in a protection order, order a member to accompany the complainant or related person to a specified place to assist with arrangements regarding the collection of the personal property specified in the order. It is important to note that the purpose of accompanying the complainant is to ensure the safety of such complainant and not to involve the member in any dispute regarding the ownership of such personal property. Such member must take reasonable steps to ensure the safety of the complainant during the collection of the property. |
| (2) | The complainant and the member may enter the premises mentioned in the protection order in order to collect the personal property of the complainant or a related person as stipulated in the protection order. Before entering a private dwelling, the complainant and the member must audibly demand admission and must notify the occupant of the purpose for which they seek to enter the dwelling. |
| (3) | If, after having audibly demanded admission to a private dwelling, consent to enter is refused by the respondent, he or she contravenes the protection order and is therefore guilty of contempt of court. In such a case, the member may use such force as may be reasonably necessary in the circumstances to overcome any resistance against entry, including the breaking open of any door or window of such premises and enter the premises and arrest the respondent, whereafter the complainant may collect the said personal belongings. |
| (4) | If a member is approached by a complainant to accompany him or her and it is not possible to do so immediately, the member must, if no other peace officer is available to accompany the complainant, arrange a reasonable time when it will be suitable to do so. |
| (5) | If a member accompanies a complainant, in accordance with a protection order to collect his or her personal property, the member must ensure the safety of the complainant while the complainant removes the property specified in such protection order. |