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Someone I work with managed to get the court to issue a

Customer Question
Someone I work with...

Someone I work with managed to get the court to issue a protection order against me four years ago. My lawyer, at the time, said it was a travisty of justice and that I should appeal because in an appeal they would make their decision based on evidence only, which was all in my favour. I started the appeal process, only to be informed that the court had lost my transcripts. I have been living under this dark cloud for four years and can no longer bare it. We both still work for the same institution. Do I have any recourse against the Dept of Justice, or someone else, for this unfairness?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Eastern Cape

Lawyer's Assistant: What steps have you taken so far?

I have already told you what steps I've taken

Submitted: 2 months ago.Category: South Africa Law
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Customer reply replied 2 months ago
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Answered in 17 hours by:
5/10/2018
Lawyer: CaseLaw, Attorney replied 2 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

No, I don't think that you would have any recourse against the Dept of Justice, or someone else, for this unfairness? One of the reasons I'm saying this is because you are not being prejudiced by the protection order being there. Especially if your co-worker hasn't even used it!

Rather, what you should do is to apply to court to have the protection order set aside. Instead of appeal against it.

"Both parties can apply for setting aside or variation of a protection order however this has to be done via the prescribed court process using a specific form as prescribed in the Regulations and sound reasons should be given to satisfy the court and there is just cause which warrants variation or setting aside.,eg: reconciling of the couple after the respondent has been rehabilitated after attending therapy, etc."

I think that would be a better approach, rather than an appeal.

You should ask your attorney about this approach!

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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