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Annali Erasmus Inc.: Advocating for Victims and Defending Against Domestic Violence Accusations
We are dedicated to representing victims of domestic violence as well as individuals facing accusations of such behavior. Domestic violence encompasses not only physical violence but also other behaviors that can make someone feel violated, abused, and trapped. This includes harassment, stalking, and verbal abuse.
An application for a Protection Order in terms of the DVAct can be made at your local Domestic Violence Section which is found at your local Magistrate’s Court. Be there as early as you can as they all work on a first come first served basis. Take all proof of DV with you – this includes text messages on your phone, recordings, photos, bank statements (if you allege financial abuse) and the like.
Write down what had happened exactly, where it happened and at what time. Try to recall what was said and done in detail.
The application will then be taken to the Magistrate who will decide whether there is enough evidence for the granting of an order on an immediate basis, or whether a notice should be issued to call the perpetrator to court in order to show why an order should not be granted in your favour. This application or order is then served on your perpetrator by the police. If he or she ignores the application and do not attend court on the next date, the court may make an order against them in their absence.
This service is free and is provided by Department of Justice.
What are the advantages of having Legal Representation in Domestic Violence matters?
Your attorney can help you focus on which evidence you should include in your application for a DV order. They complete the forms with you and will go to court to have the application issued and obtain your interim ( in the meantime) court order as well as a warrant of arrest
For employed applicants it will mean that you do not have to take the day off from work in order to wait your turn to be helped at court. Your attorney speaks on your behalf in court and they take the hassle out of getting helped. Protection Orders normally entails a lot of emotions and to have someone talk on your behalf in court normally makes the whole process of being in court a lot easier to follow through with and to manage
When can you apply for a Protection Order?
You can apply for a protection order against anyone that you are in a domestic relationship with. You are being subjected to Domestic Violence if the following is being done to you:
Physical Abuse – This involves being physically hurt by the other person
Sexual Abuse – when the person is raping you or physically assaulting you.
Emotional Abuse – When you are being harmed emotionally. Acts of emotional abuse will include being insulted, calling you names, belittling you, threatening you, and the like
Psychological abuse – when the person does things on purpose to make you feel bad about yourself, or doing things on purpose to make you feel worthless or inferior.
Verbal Abuse – when the person swears at you, calls you bad names and is shouting at you constantly.
How does a protection order help you?
When your order is confirmed at court, you receive a warrant of arrest as well. If your perpetrator continues with the actions that he has been prohibited from doing in the order, you call the police and they may then arrest him as he would be breaking a court order.
Is it worth it?
Definitely. The perpetrator has the sword of a court order hanging over his or her neck and if he or she ignores the court order they can be arrested and put in jail. The police has started takinga Domestic Violence Order seriously and as such they have to act when they receive a complaint.
Contact Us
If you have a matter you would like to discuss, we are here to assist you. Please contact us, or feel free to schedule an appointment. Annali Erasmus Inc. are dedicated to providing reliable and efficient correspondent services to meet your legal needs.
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