Page 102 - Q&A 2019/2020

How to get a protection order against your
harassing ex

Arthur Koorts
August 2019
“I have an ex who is harassing me in person and on social media after we
broke up a few weeks ago. The more I make it clear to him that we are done
the more aggressive he gets and the uglier comments he makes on social
media. I’m really scared to go out and run into him and I am so ashamed of
everything he is saying on social media. I want him to stop, but I don’t have the
money to go and see a lawyer. Can you tell me what to do?”

The sad thing is that these types of situations are becoming more and more
prevalent, and often escalate until it gets completely out of hand. You are
justified in being concerned.
To assist persons to deal with situations like this the Domestic Violence Act 116
of 1998 allows you to obtain a protection order which can assist to stop your ex
from continuing with his conduct or risk being criminally liable for contravening
the protection order.
Although it remains useful to be able to ask your attorney for assistance, the Act
caters for the individual to obtain a protection order themselves, following the
basic steps outlined below:

Firstly, there must be a form of “domestic relationship” between the parties. This
is defined quite wide in the Act and caters for a range of relationships that
would be included under such a relationship beyond the normal instances of
a married couple. It would include persons in a romantic relationship (past or
present), family members and relatives, and even persons that live or were living
together whether in a relationship or not.
If a domestic relationship existed, which it appears to be in your case, the next
step will be for you to be able to show that the conduct amounts to “domestic
violence”. Again, the definition is quite broad and can include physical abuse,
sexual abuse, emotional abuse, verbal abuse, psychological abuse, intimidation,
stalking and harassment.

From what you have said it does sound like there are grounds to show that the
conduct of your ex could amount to domestic violence. This means you can
consider approaching a court for a protection order, which is a relatively simple
and cost-effective process. Family

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