Description

The court will set aside a protection order if neither the person who lodges a complaint nor the the person against whom the complaint was lodged appears before court, or if one or both of the parties ask it to do so.

The person who lodged the complaint or the person against whom the complaint was lodged may apply for the changing or setting aside of a protection order by giving written notice to both the other party and the court.

If the court believes that the application was made freely and voluntarily, it can decide to change or set aside the protection order.

Steps to follow

Complete Form 12, Regulation 13: Application for variation or setting aside of protection order, and submit it to the clerk of the court.

• The court will consider the application.
• If the protection order is changed or set aside by the court, the clerk of the court will send the person who lodged a complaint and the person whom the complaint was lodged against a notice, as prescribed, to inform them of the decision of the court.

Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Domestic Violence Act, 1998 (Act 116 of 1998)

Service standard

The time frame for processing the application depends on the complexity of the case and the number of cases that the court must handle.
 

Cost

The service is free.

Forms to complete

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Form 12, Regulation 13: Application for variation or setting aside of protection order

Contact details