02 Oct 2024
What is harassment?
Harassment refers to a person acting in a manner that causes the complainant to fear harm. Harm refers to any mental, psychological, physical or economic harm. A complainant may become ill, both mentally and physically, due to the harassment.
When to apply for a protection order
- In instances where your rights are being infringed by a harassing conduct or you believe to be harassed.
- A minor can apply for a harassment protection order or anyone acting on behalf of the minor even without the assistance of the parents or guardian.
- The harassment can be direct or indirect conduct.
- The forms that we are about to fill must be supported by an affidavit setting out all the details of what the respondent did and when.
- As stated by my colleague a harassment protection order is different from a domestic violence protection order.
- No relationship is required between you and the person you are applying for protection from.
Application for a protection order
Form 1 (J 037)
Explains all the steps of a protection order and how the protection order will protect the complainant. In this form the complainant will be required to sign the document together with the Clerk of the court. Once you have signed the document this means that you are agreeing to the terms of a protection order and what they require.
Form 2 (J059)
Number two is when any person who is acting on behalf of the person whose details are in number one completes their details and the reason why he or she is acting on behalf of the complainant. Should anyone be acting on behalf of any adult or minor person they must have written consent from the complainant, It is not a necessity for the written consent to be provided in case of minors or where the parent or guardian does not want to involve themselves in the harassment of the minor. Certification You will finally be asked questions that would clarify if you understood the terms of the protection order and that will be signed by the commissioner and dated.
Form 3 (J062)
This is the interim/ provisional protection order that, if it pleases the court, you will be granted. Everything that was mentioned in form one and explained further in Form two will now apply since you have an order that you’ve been granted by the court for the respondent to refrain from doing all the things mentioned in the application.
“Injustice anywhere is a threat to justice everywhere.”
Martin Luther King Jr.