What Is a Protection Order and How Do You Apply for One?

What protection orders are, the grounds for applying, and how the Domestic Violence Court process works in Namibia.

Domestic violence is violence towards a family member or someone in a relationship with the abuser. When children are the victims, this is often referred to as child abuse.

Protection orders, sometimes referred to as restraining orders, are the instrument a person can use to prevent or curtail domestic violence. Protection orders carry criminal consequences if contravened and may be valid for up to a maximum period of three years, in line with the Combating of Domestic Violence Act.

Applying for a Protection Order: A party seeking a protection order may apply through the Domestic Violence Court by drafting an affidavit indicating that they are being mistreated in one of the following ways:

• Physical abuse
• Sexual abuse
• Psychological abuse
• Emotional and verbal abuse
• Economic abuse
• Threats, harassment, and intimidation
• Trespassing
• Exposing a minor child to acts of domestic violence

These are the grounds on which a party may apply, through declaration, for a protection order.

Once a party, known as the complainant, applies for a protection order, an interim protection order is granted with immediate effect and the matter is placed on the court roll pending the outcome of the formal hearing, at which the protection order may be made final, subject to opposition by the respondent.

A complainant may approach a legal practitioner to represent them during these proceedings, to facilitate the process and ease the burden of bringing the application.

Disclaimer: The information provided here is for general informational purposes only and should not be interpreted as legal advice from Ileni Velikoshi Inc. or its staff. For advice tailored to your specific situation, please consult directly with Ileni Velikoshi Inc. for professional legal advice.