if a applicant version differ in protect...

Asked by JOHAN on 13-02-2024 15:15:22
Question posted in the Criminal Law category relating to Western Cape

if a applicant version differ in protection order application with the J88

Further information relating to Question:

applicant mention in J88 bedside cupboard and in protection order dresser table is mention.

Message from the Lawyer

Posted by Att. Patrick on 13-02-2024 15:28:11

A J88 is a report on a medico-legal examination by a health care practitioner, and is used in order to list any injuries that somebody has following an assault or similar and is normally used for purposes of court during criminal proceedings against an accused. 

If the applicant has made an affidavit (for purposes of a protection order) against you, and what the applicant has said in their affidavit is very different to what is detailed in the J88, then you need to draw up your own affidavit (it is called an answering affidavit) where you set out your defence and you DETAIL all of these types of issues. You must use these differences to make the argument that the applicant can't be believed! If the applicant's version can't be trusted, then how can a court grant a protection order. 

But if you are getting quite technical and saying that the difference between the two is "bedside cupboard" versus "dresser table", then there is a possibility that the court will accept that mistake because perhaps the applicant was a 'little bit confused'.

This difference is not as big as one might think... but I would still definitely raise it as an issue. 

Message from the client

The dresser table was mention in the protection order application , 3 days after the incident.

Message from the client

The dresser table is far bigger and sound more dangerous.

Message from the Lawyer

Posted by Att. Patrick on 13-02-2024 16:07:10

Okay. I understand that. Thank you for clarifying. You must explain this in your answering affidavit. I'm not entirely sure what happened (and I don't need to know) but if she said that you threw a "rock" at her that sounds terrible, and if it was actually a "pebble", then you must explain the size of the two things and how the pebble (in this example) was actually really small.  Obviously the rock and pebble are examples, similar to your dresser and side table. Bascially, you can say anything that you want in your answering affidavit. Give your full story that you want the court to hear. 

Answer Accepted

This answer was accepted on 13-02-2024 16:10:30

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