Protection is better than prevention!

Some say: ‘prevention is better than the cure’, we say: protection is better than prevention!

The reality is, certain problems are too big to prevent on your own, that is why the law is a great tool you can use to take that burden off your shoulders.

If you are fearing for your safety and need a protection order, the Protection from Harassment Act 17 of 2011 was enacted just for you. It provides 5 steps that LVA Attorneys can take on your behalf, to secure your protection order.

What is harassment?

Harassment is when someone knowingly or should know their actions cause harm or make a person reasonably fear harm. This includes:

• unreasonable following, watching, pursuing, accosting, or loitering near places where the person or someone close to them lives, works, studies, does business, or happens to be;

• verbal, electronic, or other communication directed at the person or someone close to them, by any means, whether or not they respond;

• sending or delivering letters, packages, emails, or other objects to the person or someone close to them, or leaving them where they will be found or brought to their attention; or

• it can also mean sexual harassment of the person or someone close to them.

Step 1

We will submit an application for a protection order at a court near you. 

Step 2

The court will immediately provide an interim protection order if it believes that: 

• an act of harassment has occurred;

• you have been or may be harmed mentally, psychologically, physically, or economically; and 

• notifying your harasser will put you in danger.

Step 3

If no interim protection order is granted, we will notify your harasser of the application. If an interim protection order is granted, we will notify your harasser of the order. 

This step is for purposes of letting your harasser know when they must appear in court for step 4.

Step 4 

There will be a court hearing where we will argue that your interim protection order should be made final; or argue that your application for a protection order should be granted. In both instances, the desired outcome is the granting 

of a final protection order. 

The court may refuse to grant a final protection order if it believes that the act(s) of harassment that you endured were to: 

• prevent an offence from happening;

• reveal a threat to public safety or the environment;

• reveal undue advantages in competitive bidding processes; or

• comply with a legal duty.

Step 5 

You will enjoy protection for 5 years. 

Nomalanga Langa

LLB

Candidate Attorney at Le Roux Vivier Attorneys

Disclaimer: The views expressed in this article are those of the author(s) and do not necessarily reflect the views of the firm. This content is provided for general information only and does not constitute legal advice. While every effort is made to ensure accuracy, the law may change and its application depends on the specific facts of each matter. Readers should seek professional legal advice before acting on any information contained herein. The firm and the author(s) accept no liability for any loss or damage arising from reliance on this content.