Served with a Protection Order? What It Means and What You Should Do Next

Being served with a protection order can feel like the ground has shifted beneath you. For many, it happens suddenly when a sheriff or police officer arrives at your home or workplace and, within minutes, you are handed a document that restricts how you live, speak, and move.

The good news is that a protection order is not a criminal conviction. However, how you respond in the days that follow will determine whether the matter escalates or is resolved sensibly.

At Barter McKellar Attorneys, we represent professionals, business owners, and families on both sides of protection order proceedings under both the Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011.

What Is a Protection Order?

A protection order is a court order designed to prevent harassment, intimidation, or abuse. It can be issued under two separate laws, depending on the nature of the relationship between the parties:

1. The Domestic Violence Act (DVA) applies where there is a domestic relationship, such as between spouses, partners, family members, or people living together.

2. The Protection from Harassment Act (PHA) applies where there is no domestic relationship, for example between colleagues, neighbours, former friends, or online users.

Both Acts allow courts to order a person (the respondent) to stop certain conduct that infringes another’s rights, including:

• Contacting or approaching the applicant

• Harassing, threatening, or stalking them

• Publishing harmful material about them online or elsewhere

• Damaging property or interfering with privacy

Interim Protection Orders

A magistrate can issue an interim order without hearing your side if they believe the applicant needs immediate protection. The order takes effect as soon as it is served on you by the police or sheriff.

You must comply immediately, even if you disagree with the allegations. Failing to do so can result in arrest.

The Return Date (Your Hearing)

The order will include a return date, typically within two to three weeks. This is when you appear in court to explain your side. The magistrate may then:

• Make the order final

• Amend its conditions

• Dismiss it entirely

This is your opportunity to present evidence, question witnesses, and set the record straight, but success depends on proper preparation and professional representation.

Final Order and Their Effect

If a final order is granted, it remains in place until a court cancels or varies it. The consequences include:

• Ongoing restrictions on contact, residence, or communication

• A suspended warrant of arrest held at the nearest police station

• Immediate arrest for any breach, even years later

You can apply to vary or set aside the order if circumstances change, but until that happens, you remain bound by its conditions.

What You Should Do Immediately

1. Stay calm and read the order carefully
Understand exactly what it prohibits, including contact, communication, and proximity restrictions.

2. Follow it completely
Breaching any condition, even unintentionally, is a criminal offence.

3. Do not contact the applicant
Even a polite text or apology counts as a breach.

4. Contact your attorney immediately
Your attorney can review the allegations, explain your rights, and prepare your response before the court date.

Preparing Your Response

At Barter McKellar, we help clients:

• Draft an affidavit presenting their version of events

• Collect messages, call logs, and witnesses that support their case

• Demonstrate efforts to prevent future conflict

• Negotiate undertakings or mutual orders that protect both parties

A well-prepared response can often lead to a withdrawal or settlement before the hearing.

Consequences of Breaching a Protection Order

Breaching any term of a protection order, even by accident, is a criminal offence under section 17 of the Domestic Violence Act or section 11 of the Protection from Harassment Act.

Once a protection order is issued, the court automatically authorises a suspended warrant of arrest. This warrant is kept at the police station nearest to the applicant and can be activated immediately upon an allegation of breach.

If you are arrested for a breach, you may face:

• A criminal charge separate from the original application

• A fine or imprisonment for up to five years

• Permanent records affecting employment or professional licensing

Even replying to a message or appearing at a restricted location may be treated as a violation. If accused, do not attempt to explain yourself to the complainant or the police. Contact your attorney at once.

When to Apply for Your Own Protection Order

If you are being harassed, threatened, or defamed, even by the person who applied against you, you have the same right to protection.
Under the Protection from Harassment Act, Barter McKellar can assist you in applying for your own order to stop ongoing intimidation, cyberbullying, or unwanted contact.

We handle such applications discreetly to ensure they are not misused as retaliation but applied for genuine safety and peace of mind.

Why Legal Representation Matters

A protection order can affect far more than your personal life. A final order can:

• Restrict where you live

• Limit access to your children

• Appear in background checks

• Damage professional or business relationships

At Barter McKellar Attorneys, we act quickly, confidentially, and strategically to protect your rights and reputation. We ensure that your response is accurate, compliant, and persuasive, giving you the best possible chance of achieving a fair outcome.

Take Control Early

Do not ignore a protection order or assume it will go away. Early legal advice is essential to avoid procedural mistakes, arrests, or long-term damage to your record.

At Barter McKellar, we act swiftly and confidentially to protect clients served with protection orders under both the Domestic Violence Act and the Protection from Harassment Act. Our litigation team provides expert guidance to resolve matters efficiently and protect your reputation.

Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Each case must be assessed on its own facts and merits. You should obtain professional legal advice before taking any action.