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Domestic Violence Act, 1998 (Act No. 116 of 1998)

Regulations

Domestic Violence Regulations, 2022

7. Manner of applying for protection order (section 4(1))

 

(1) A complainant may apply to the court for a protection order—
(a) on a form which corresponds substantially with Form 6 of the Annexure; and
(b) by submitting the completed form to the clerk of the court—
(i) in person;
(ii) electronically; or
(iii) through the online portal.

 

(2) The application referred to in subregulation (1) must be made by way of an affidavit in which the following must be stated:
(a) The facts on which the application is based;
(b) the nature of the order applied for;
(c) the name of the police station where the complainant is likely to report any breach of the protection order applied for; and
(d) the court having jurisdiction at which the complainant will be able to or prefers to attend the hearing of the matter.

 

(3) Where the application is brought on behalf of a complainant by another person, the affidavit referred to in subregulation (2) must also set out or contain—
(a) the grounds on which such person has a material interest in the well-being of the complainant;
(b) the occupation of such person and capacity in which such person brings the application; and
(c) except in cases excluded by the provisions of section 4(3)(b) of the Act, proof of the written consent of the complainant.

 

(4) The form of consent with which an application made on behalf of a victim may be brought, must correspond substantially with Form 7 of the Annexure.

 

(5) Any supporting affidavit may be submitted with the application.