When no means no, does the law protect victims enough? Alex J Coyne provides practical insights into protection orders for victims of abuse and harassment.
Photo by Brett Jordan on Unsplash
............
Messages, letters, packages or psychological, physical or emotional harm can be enough to apply. ............
Stalkers aren’t just for the rich and famous
Unwanted attention can be from a friend, an ex-partner or someone you’ve never met. Social media creates connections, but may also become a source of danger when endearment happens on unwanted terms.
When no means no, does the law protect victims enough? Harassment orders are legal answers to stalkers and abusers; successful orders require the cooperation of courts and police services, which appears to be easier said than done.
Harassment orders: The law
According to the Western Cape government: “If you’re a victim of abusive or threatening behaviour by someone other than a person who’s living with you, or with whom you have a domestic relationship, you can apply for a harassment order.” Three key points outline the application process for an order:
- “No pattern is needed, and a first offence can be sufficient for a harassment order.”
- “No relationship is required, and it can be against someone you don’t even know.”
- “No violence is required.”
Messages, letters, packages or psychological, physical or emotional harm can be enough to apply. Orders are granted at the discretion of a judge, who may choose to postpone the case, grant an interim order or grant a final harassment order.
Orders can fall short when they aren’t granted by judges or enforced thereafter by responding police officers. Therein lies the potential danger, which can discourage many victims from applying. A 2018 case saw an ex-husband found guilty of murder – after an order was breached with little legal enforcement. Unfortunately, this isn’t an isolated example.
Once an order has been applied for, documents are served on the respondent for their first appearance. Also unfortunately, court appearances bring victims and perpetrators into the same waiting room and court. Intimidation can be a common trait, both in waiting rooms and outside court. I remember walking away from a successful Rental Housing Tribunal case, right into the face of the respondent who had just been ordered to refund a rental deposit. With a smile, they offered me a lift in their car – then closed a hand around my neck.
What if you apply for a protection order, and it doesn’t work – or the responding police and court can’t agree on the next action to take?
Valentine’s Day in court
The most difficult part of harassment orders is living through the experience of one. “This experience sucked my lifeblood, so to speak,” says a co-writer* and attorney who found herself in court on Valentine’s day. An online connection had turned into darker obsession overnight, and it could happen to anyone.
“People need to be careful who they let onto their social media, and more so into their lives.”
My co-writer advises caution to others, especially for online meetings.
“There are predators out there, and it’s no joke. Maybe they will never be physically abusive and never kill – but there is always the first time. They can be an emotional and psychological abuser of the worst degree.”
Apply for an order at the first sight of danger; never let it wait “until the next time” something takes place.
The law gets an update
Harassment order legislation has been updated to include all sexual offences in the National Register for Sex Offenders. Previously, the law included only abuse involving children or the disabled; but now, unwanted attention or sexual abuse of any type gets perpetrators listed here. The update also includes “controlling and coercive behaviour” and “financial abuse” as potential reasons for an order application to broaden its current definition.
............
Previously, the law included only abuse involving children or the disabled; but now, unwanted attention or sexual abuse of any type gets perpetrators listed here. The update also includes “controlling and coercive behaviour” and “financial abuse” as potential reasons for an order application. ............
New legislation, it’s claimed, will allow for a larger scope of evidence from victims, including “audio-visual links in proceedings” to be used. It’s whether SAPS and the courts are aware of this law, and able to enforce it, which makes the difference to victims.
Enforcing the law (as the victim)
If you are the victim, knowing more about the law can strengthen your case in court.
- Harassment and protection orders must be served by a clerk or SAPS officer after the original application. The respondent is given a date for their first appearance.
- Applications should be thorough and detailed, with as much accompanying evidence as possible. Document everything, even if it becomes difficult or tedious.
- Bring witnesses when possible, and strengthen a potential case with added first-hand evidence.
- For court appearances, stand in plain sight and avoid open or empty corridors. Have someone trusted who is able to wait with you.
- An interim order can be requested to grant temporary protection while court appearances are ongoing.
- SAPS does not require an order to open cases (or make arrests) where criminal offences have been committed.
When dealing with SAPS, it’s always important to remember and write down the names of officers. Stress makes one forget, but this could be vital information later, especially for unsuccessful call-outs.
If you feel that SAPS hasn’t adequately responded to calls or evidence, the next step is to contact the station commander, who in turn answers to the cluster commander, and then to provincial and national SAPS.
Important contact details
Have an emergency? The following national helplines offer advice, help and counselling for victims:
Gender-Based Violence SA
+27(0)800 428 428
National GBV Helpline
+27(0)800 150 150
National Counselling Line
+27(0)861 322 322
Legal Aid
+27(0)800 110 110
South African Depression & Anxiety Group (SADAG)
+27(0)800 212 223
*Coyne acknowledges a co-writer who preferred to remain anonymous.
Kommentaar
The problem comes when a trustee silences emails from being sent to investors.