For respondents
Served with a protection order? Do these things first
Being served is not the same as a final finding against you. Your immediate priorities are to understand the order, comply with it and prepare for the return date.
First priority
Do not create a breach while you decide what to do
The merits can be challenged through the court process. Until then, treat the served terms as binding.
Avoid direct contact where contact is prohibited
Read the order itself
Check exactly what contact, conduct, places or arrangements the order regulates. Work from the served order, not from what someone else says it means.
Comply with the operative terms
Do not ignore an interim order because you dispute the allegations. Keep compliance separate from your defence.
Check the return date
Record the court, date and time immediately. The return date is when the matter may proceed toward a final order.
Keep the full application papers
Make sure you have the application, supporting affidavit, annexures and interim order. These are the documents your response must address.
Decide whether you will oppose
If you dispute the allegations or the restrictions sought, prepare a proper response before the return date rather than attempting to resolve the case directly with the applicant.
Please note. This page provides general information on South African law and does not constitute legal advice. Every matter turns on its own facts. You should consult this firm, or any attorney, before acting on it.
Before the return date
Have the served papers reviewed before you respond.
We can advise on the terms of the interim order, whether opposition is appropriate and what should be filed before the hearing.