In terms of the Domestic Violence Act, Act 116 of 1998, there are two instances where a Court MUST grant a protection order against the Respondent, namely:
1. Respondent does not appear in court on the return date - Section 6(1) of the Act
a) This is the instance where an interim protection is granted against the Respondent and a Notice, indicating a Court date for return, is served successfully on the Respondent and the Respondent does not attend Court.
b) The Court must be satisfied that the Notice was served successfully on the Respondent and that the Application contains prima facie evidence that the Respondent has committed or is committing an act of domestic violence.
2. Respondent appears in Court on the return date - Section 6(4) of the Act
a) This is the instance where the Respondent does appear on the return date in Court and the Court considers all affidavits and / or oral evidence.
b) The Court must be satisfied that, on a balance of probabilities, the Respondent has committed or is committing an act of domestic violence.
We can assist with the application for a protection order and the defending thereof. Contact us today for assistance.