Firstly, lets define what exactly harassment means: when a person behaves in a manner that is unacceptable, abusive, or even rude which leads to mental, psychological, physical, or financial harm.
Harassment can occur at any environment, even the ones we sometimes deem to feel safe in. Many people handle harassment in different ways and the best way to take care of it is by using the legal route. This way you ensure you are protected and also help to prevent this from occurring to someone else. Always be brave to speak up because you could sometimes be a voice for another individual experiencing the same.
The Protection from Harassment Act 17 of 2011, is what provides us with some legal options and guidelines.
What can I do if I am being harassed?
- If you (complainant) are of belief that someone(respondent) is harassing you, you may apply to the Magistrate’s Court for a protection order.
- If the complainant is a child, they may apply on their own.
You may also lodge a criminal complaint against the person who is harassing you, provided that this conduct amounts to an offense.
I do not know who is harassing me, what are my options?
- You can request that the police carry out an investigation. This will help in finding the required information. Any suspicions you may have regarding who this individual may be, let the police know.
How can I obtain a protection order?
- You as the complainant may lay a charge at the police station against the harasser (respondent) if things such as assault as taken place.
- You as the complainant can create the application with a clerk of the court in the jurisdiction where the harassment has taken place.
- The clerk will be the one who will assist you with the completion of the protection order. An affidavit will also be completed.
Now that I have applied for the protection order and it was filed at the requisite court, what happens?
- An interim protection order may be granted, provided that there is sufficient evidence proving the harassment. This will be accompanied with a suspended warrant of arrest.
- This interim protection order MUST be delivered to the respondent.
- Should the respondent not appear on the date of return as stipulated on the interim protection order, the court has the power to make the protection order final.
- If the respondent does appear at court on the date provided, it is the duty of the respondent to furnish the court with valid reasons as to why the protection order should not be made final.
Remember a protection order is only made final if there is sufficient proof of the harassment!
What does the final protection order contain?
The certain conditions that will ensure the safety of the complainant. Non-compliance with these conditions will result in the respondent being guilty of an offence and will in turn be liable for a fine or imprisonment of up to 5 years.
To conclude, remember that harassment should never be tolerated. No one has a right over you, and you have the law on your side to help you.
Always remember to seek the assistance of an attorney.
They will make the process seamless and stress free for you or your child as the case may be. The attorney knows the law the best and will be in the best position to advise you.