A Day at the Domestic Violence Court

In a Magistrates' Court you simply need to look for the benches in the passageway... The ones with rows and rows of mostly women, some with toddlers or babies, and a man here or there...

All Magistrates' Courts have them and the number of people waiting on these benches are a reflection on the health of a town's families.

These benches are situated near the door of the Family Court Clerk. The Family Court deals with two problems on a daily basis- 

Maintenance and Domestic Violence...

In our Magistrates' Court the Domestic Violence Court has a Clerk all to itself- separate from the Maintenance Court.

This Clerk listens to the complaints of abused women and men and assist them in filling out the forms and the commissioning of statements under oath.

An interim order is issued by a Magistrate while the complainant waits and, if it is deemed appropriate, an interim order is granted.

Two copies of this order are handed to a police officer to serve on the person accused of domestic violence. He shall have to explain himself before Court on the return date...

It all sounds simple and one would think that an attorney has no place in this process...

The truth, however, is:

- The ease with which these orders can be obtained makes the process easy to be abused. Innocent respondents often find themselves having a court order that was granted before their side of the story was even heard;

- Respondents often find ways to intimidate or deceive complainants into withdrawing applications for a protection order, leaving them as vulnerable as they were before they approached the Court;

- Domestic Violence Court Clerks sometimes find it easier to rather send a complainant with a difficult matter from pillar to post rather than adding her problems to their ever increasing workload.

I have assisted clients in dealing with these problems for 15 years now. Like many Attorneys I have begun handling domestic violence matters during my years of articles. By now I have the experience and insight to deal with these matters fearlessly, efficiently and in a sympathetic manner.

Whether you need a protection order or whether you had one wrongfully obtained against you- we can assist you.