Lately social media and direct messaging has made it much easier for individuals to suffer from harassment and to open cases for harassment.

Harassment is defined in the Protection from Harassment Act as directly or indirectly engaging in conduct that the Respondent knows, or ought to know, causes harm, or inspires the person who is suffering the harassment to reasonably believe that harm may be caused, to that person.

Harassment can take the following forms: accosting, watching, loitering outside or near the complainant’s residence, place of business etc. Harassment also includes delivering letters, electronic mail, Whatsapp messages, packages and/or objects to the complainant works, resides etc. The complainant can therefore be harassed using verbal, electronic or other forms of communication.

A complainant can apply for a protection order at their nearest magistrates court. The process is quite simple, the complainant approaches the clerk of the court and request a protection order against harassment. Once the application has been lodged with the clerk of the court and served on the Respondent, a return date will be allocated and both parties will be informed. Based on the content of the affidavit, the court may grant an interim order which protects the complainant whilst parties are waiting the return date.

On the return date, both parties can present evidence to the court whether or not the protection order should be granted. Based on the evidence, the court will grant a final protection order against harassment or set aside the interim protection order and dismiss the application.

CONTACT OUR OFFICE TODAY SO THAT ONE OF OUR ATTORNEYS CAN ASSIST YOU WITH YOUR APPLICATION FOR A PROTECTION ORDER OR WITH THE OPPOSING OF AN ORDER THAT WAS BROUGHT AGAINST YOU WITHOUT PROPER GROUNDS.