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Question
Posted by: Charmaine | 2011/04/18

Restraining order

My sister (42 yrs) and her husband (33 yrs) have decided to divorce due to the fact that he is taking the drug CAT. He is becoming increasingly voilent and aggressive and is now not only verbally abusing my sister but is showing signs of psychotic behaviour toewards her.

This past Saturday he wanted to push his lit cigarret into her eye as he left the house. He can no longer gain access to the home but I need to know if I can take out a restraining order against him or does my sister have to do it?

She is very scared of him right now and is afraid of what he is capable of doing hence she is reluctant to take out the order herself. They reside in Germiston and I reside in Cape Town. I look forward to your assistance urgently or advice as to whom I need to contact in this regard.

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Our expert says:
Expert ImageCyberShrink

If he is foolish enough to be taking CAT then he is well worth avoiding. And of course she should get a restraining order against him and have it enforced. It's a legal question, though as to whether you or someone else can apply on her behalf. If he gets angry at the existence of an order, he won't be likely to bother whether she or someone else requested it, and it would surely require evidence from her of why she has such good reason to fear him. It should add to her safety, so long as she will call the police if he arrives home or contacts her and makes threats. I doubt you can apply for such an order for her and long-distance. I think it can be done at low or no cost if she goes to the magistrate's court, but otherwise she might need a lawyer to help her.

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Our users say:
Posted by: cybershrink | 2011/04/18

If he is foolish enough to be taking CAT then he is well worth avoiding. And of course she should get a restraining order against him and have it enforced. It's a legal question, though as to whether you or someone else can apply on her behalf. If he gets angry at the existence of an order, he won't be likely to bother whether she or someone else requested it, and it would surely require evidence from her of why she has such good reason to fear him. It should add to her safety, so long as she will call the police if he arrives home or contacts her and makes threats. I doubt you can apply for such an order for her and long-distance. I think it can be done at low or no cost if she goes to the magistrate's court, but otherwise she might need a lawyer to help her.

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