Protection from Harassment Act, 2011 (Act No. 17 of 2011)

WARRANT OF ARREST

SECTION 11(1)(a) OF THE PROTECTION FROM HARASSMENT ACT, 2011 (ACT NO. 17 OF 2011)

The attached protection order was granted against the respondent by the Magistrate's Court on the ................ day of 20..................... ; and

Whereas the complainant has stated in the attached affidavit that the respondent has breached a prohibition, condition, obligation or order of the protection order, you are therefore hereby authorised and ordered to forthwith arrest the respondent in terms of section 11(4) (b) of the Protection from Harassment Act, 2011 (Act No. 17 of 2011), if there are reasonable grounds to suspect that the complainant or related person is suffering or may suffer imminent harm as a result of the alleged breach of the protection order by the respondent.

GIVEN UNDER MY HAND AT ................................ THIS ....................... DAY OF....................................................20 ................................................

Note to members of the South African Police Service:

1. In terms of section 11(5) of the Protection from Harassment Act, 2011, the member of the South African Police Service, in considering whether or not the complainant or related person is suffering harm or may suffer imminent harm, must take into account the -

(a)        risk to the safety or well-being of the complainant or related person;

(b)        seriousness of the conduct comprising an alleged breach of the protection order;

(c)        length of time since the alleged breach occurred; and

(d)        nature and extent of the harm previously suffered by the complainant or related person.

2. If the member of the South African Police Service is of the opinion that there are insufficient grounds for arresting the respondent on suspicion that the complainant or related person is suffering harm or may suffer imminent harm as a result of the alleged breach of the protection order by the respondent, he or she must, immediately, hand to the respondent a written notice contemplated in section 11(4)(c)of the Protection from Harassment Act, 2011, which calls upon the respondent to appear before a court on the date and at the time specified in the notice, on a charge of committing the offence referred to in section 18(1)(a)of the Act.

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