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Apply for variation or setting aside of a Domestic Violence protection order

Setting aside or variation can be done by either the respondent or complainant on condition that notice is given to both party and the court and the reasons given should satisfy court.

Both parties can apply for setting aside or variation however this has to be done via the prescribed court process using a specific form as prescribed in the Regulations and sound reasons should be given to satisfy the court and there is just cause which warrants variation or setting aside.,eg: reconciling of the couple after the respondent has been rehabilitated after attending therapy, etc.

Steps to follow

  • Complete Form 12, Regulation 13: Application for variation or setting aside of protection order, and submit it to the clerk of the court.
  • The court will consider the application if there are sound reasons.
  • If the court changes or cancel the protection order, the clerk will send a notice to the complaint and respondent to inform them.

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

The time frame for processing the application depends on the complexity of the case and the number of cases that the court must handle.

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

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Updated: 2011/07/06