Highlighted Services

Home> Resources> Services> Domestic Violence

Make an affidavit regarding contravention of a Domestic Violence protection order

When a person against whom a protection order was made (the respondent) contravenes the order, the person who requires protection (the complainant) can go to the nearest police station, lodge a complaint against the respondent and make an affidavit (state what had happened). The police officer shall then judge the danger in which the complainant appears to be and do either of the following:

  • If the police officer finds reasonable grounds to suspect that the respondent may harm the complainant, he or she shall immediately arrest the respondent for allegedly having contravened the protection order.
  • If the police officer finds that there are insufficient grounds for arresting the respondent (in other words, that he or she will not harm the complainant), he or she shall immediately give the respondent a written notice to appear before the court for allegedly having contravened the protection order.
Steps to follow
  • Go to your nearest police station and produce the protection order that was made against the respondent.
  • Complete Form 10: Affidavit regarding contravention of protection order to declare that the respondent has contravened a prohibition, condition, obligation or order contained in a protection order.
  • Complete Form 11: Notice to appear before the court, which instructs the respondent to appear before a court on a charge of allegedly having committed the offence. This form
    • must contain the name, residential address, occupation or/and status of the respondent;
    • must state the date and the time when the respondent must appear before court on a charge of allegedly having contravened a protection order; and
    • must be signed by the police officer as proof that he or she
      • had given the respondent the original notice to appear before court; and
      • had explained the importance of the notice to the respondent.
    • The police officer shall immediately forward a duplicate of the original notice to the clerk of the court. Showing the duplicate in court shall be prima facie (sufficient) proof that the original had been given to the respondent.

Legal framework

Domestic Violence Act, 1998 (Act 116 of 1998) and related regulations are available on this page: http://www.justice.gov.za/legislation/acts/acts_full.htm

Service standard

When you lodge a complaint with the police officer, he or she will immediately take your statement, which serves as an affidavit.

Cost

The service is free.

Forms to complete

All forms relating to Domestic Violence are available on this page: http://www.justice.gov.za/forms/form_dva.htm

Contact details

Department of Justice – Chief Directorate: Promotion of the Rights of Vulnerable Groups
Province: Gauteng
City/town: Pretoria
Tel: 012- 315 1458
Fax: 012 –315 1851
Physical address: Department of Justice and Constitutional Affairs, Directorate: Child Justice and Family Law, Momentum Building, 329 Pretorius Street, Pretoria, 0001
Postal address: Private Bag X81, Pretoria, 0001
Web address: www.justice.gov.za

Department of Justice – Directorate: Gender Issues
Province: Gauteng
City/town: Pretoria
Tel: 012 315 1670
Fax: 012 315 1960
Physical address: Department of Justice and Constitutional Development, Gender Issues, Momentum Building, 329 Pretorius Street, Pretoria, 0001
Postal address: Private Bag X81, Pretoria, 0001
Web address: www.justice.gov.za

Contact details for Magistrate Courts (Lower Courts): http://www.justice.gov.za/contact/lowercourts_full.html

________________________
Updated: 2011/07/06