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I need to know my husband is having an affair. However he…

Hi i need to...

Hi i need to know my husband is having an affair. However he served me with a protection order. I must appear in court in March however i noticed that the order was not signed by the commissioner of oaths.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

In south africa

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Also his girlfriend served me with 1 as well and the date for me to appear in court is 6 march 2017

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Answered in 9 hours by:
1/9/2018
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
Experience: Attorney & Director at Lombard Kotze Incorporated
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Customer reply replied 6 months ago
M husband had sent me a protection order stamped by the court but not signed by the commissioner of oaths. Does this becomes null & void. And his girlfriend sent me a protection order for me to appear in court on the 6 of March 2017. However this protection order was sent on the 29th of December 2017.

Ok, now I understand.

It does not automatically become void. You may apply for it to be struck down but the court will most likely just allow the applicant to rectify any mistake. It might also be that the copy you received have been made before the commissioner of oaths signed the original document. In that case, it might be irrelevant.

Regarding the date error, this is indeed a serious error and if you do not appear, the court should remove it from the roll and instruct the order to be served afresh with a new date.

Having said that, I personally would not trust that this will definitely happen and would rather attend court on 6 March 2018 to defend the matter if you want to defend it. You stand to lose more that what can be gained by their mistake.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 226
Experience: Attorney & Director at Lombard Kotze Incorporated
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Thank you for the positive rating.

If you need my assistance again infuture, you may request me personally at: http://www.justanswer.com/law/expert-Attorneyza/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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