Good DayI have a protection order hearin...

Asked by JOHAN DU PLESSIS on 03-07-2024 13:05:13
Question posted in the Criminal Law category relating to Western Cape

Good Day

I have a protection order hearing tommorrow that is against me.

What advice can you give me to assist me that the protection order is not made final?

Message from the Lawyer

Posted by Att. Patrick on 03-07-2024 14:13:05

Hi there and thank you very much for your question, 

In order for the applicant to get a final protection order against you, the applicant will need to convince the magistrate that the applicant is deserving of protection, and that there was domestic violence which occured to the applicant.

If there was no instance of domestic violence, then you will need to put up whatever facts you can to convince the magistrate that there was no domestic violence. 

If however the applicant as evidence of domestic violence, the reality of the situation is that it is going to be incredibly difficult to avoid a final protection order. 

Perhaps you can explain a little bit more about what happened and I can give you one or two pointers?

Message from the client

I did act out self defence, the person attack me and i defend myself.

Message from the Lawyer

Posted by Att. Patrick on 03-07-2024 17:56:18

Then you need to explain this in your affidavit. You need to set out the full story of exactly what happened and why you acted the way you did. If you acting in self-defense, you need to explain this fully. Based on that, I don't think that the final protection order can be granted against you.

Answer Accepted

This answer was accepted on 03-07-2024 18:47:33

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