Protection Orders and Criminal Records – What You Need to Know
In South Africa, a protection order is a legal remedy provided under the Domestic Violence Act, designed to safeguard individuals from abuse or violence within the home. If you are considering applying for a protection order or are involved in a case where one is issued, you may be wondering whether such an order would go on your criminal record. Understanding the legal implications of a protection order is crucial, especially when it comes to your future and the long-term consequences.
At Burger Huyser Attorneys, we specialise in family law, criminal law and domestic violence cases. Our team of experienced attorneys is here to help you navigate the legal processes involved with protection orders and provide expert advice on your rights and the potential impact on your record.
The Legal Nature of a Protection Order in South Africa
A protection order is a civil order, not a criminal conviction. This means that it does not automatically result in a criminal record, but it is an important tool to ensure that victims of domestic violence or abuse are protected. However, there are various legal considerations involved, especially when violations occur.
Understanding the Civil Nature of a Protection Order
In South Africa, protection orders are issued by a magistrate to prevent an individual from committing acts of domestic violence against another person. These orders are part of the civil legal system, meaning they are not criminal convictions. When a protection order is granted, it does not result in a permanent criminal record for the person against whom it is issued.
The goal of the protection order is to provide immediate relief for victims of domestic violence, ensuring their safety by legally prohibiting the abuser from engaging in further violence or harassment. If the order is violated, the person violating it may face criminal charges, and that is when a criminal record could be created.
When Can a Protection Order Result in a Criminal Record?
Although a protection order itself does not go on your record, violating the terms of the order can have serious legal consequences. If the person against whom the protection order has been issued does not comply with its conditions, such as continuing to harass or assault the individual protected by the order, they may be arrested and charged with a criminal offense.
Enforcement and Criminal Charges for Violations of Protection Orders
If someone breaches the protection order, the police can arrest the offender and they may face criminal charges under the Domestic Violence Act. In such cases, the offender could be convicted of a crime and, if found guilty, have a criminal record. This is why it’s critical for those with protection orders against them to comply fully with the terms set by the court to avoid any criminal consequences.
How Burger Huyser Attorneys Can Help You With Protection Orders
At Burger Huyser Attorneys, we understand the complexities surrounding protection orders and their potential legal implications. Whether you need help applying for a protection order or defending against one, our experienced legal team is here to offer guidance and support.
Applying for a Protection Order
If you are experiencing domestic violence or abuse, securing a protection order is an essential first step toward your safety. Our team will assist you in filing the necessary paperwork, representing your interests in court, and ensuring that you are fully protected under the Domestic Violence Act. We will guide you through every step of the process to ensure you get the relief you need.
Defending Against a Protection Order
If you are facing a protection order and are concerned about the potential impact on your future, our team can also help you navigate the legal process. We will provide expert legal advice, represent you in court, and assist in presenting a defense to ensure your rights are respected throughout the proceedings.
Take Action and Secure Legal Protection Today
If you’re wondering whether a protection order will affect your record or if you need assistance with any aspect of domestic violence or family law, Burger Huyser Attorneys is here to help. Our experienced legal team will guide you through the complexities of the Domestic Violence Act and provide you with the legal support you need to protect your rights.
Don’t wait to take action if you or someone you know is facing abuse or violence. Reach out to Burger Huyser Attorneys today for a consultation, and let us help you secure the protection you deserve.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
