Common questions about going through the courts

You give a statement at the police station or at a Thuthuzela Care Centre. The police open a docket and give you a CAS number — write it down and keep it. You will usually be offered a medical examination (a J88 form is completed by the doctor) and counselling. The investigating officer gathers evidence, then hands the docket to a prosecutor, who decides whether to charge someone. This can take weeks or months. You can phone the investigating officer for updates and quote your CAS number.

There is no fixed time. Simple cases can finish in a few months; serious cases, especially sexual offences, often take one to three years or longer. Cases are frequently postponed for further investigation, for legal aid to be arranged, or because a court roll is full. Each postponement is normal and does not mean the case is failing.

Not necessarily. If you are a child, or the case involves a sexual offence, you can ask to testify through an intermediary in a separate room by CCTV, or behind a screen. Ask the prosecutor or the court preparation officer for this well before the trial date. You can also ask to wait in a separate victim waiting room.

A criminal case is brought by the State to punish someone for a crime; you are the complainant or witness, not the person suing. A civil case is brought by you to claim money or an order — for example damages, a protection order, or maintenance. Both can run about the same events at the same time, and one does not replace the other.

In a criminal case the prosecutor represents the State, not you, so many complainants have no lawyer at all. For civil matters, Legal Aid SA, university law clinics, ProBono.Org and the Women's Legal Centre offer free help if you qualify. See the legal aid page for who covers what and how to apply.

Your ID, your CAS or case number, your subpoena if you received one, any statements or documents you have, medical or repair records, photos, and money for transport. Arrive early, dress neatly and switch your phone to silent. The court guide has a full checklist.

A postponement means the case is moved to a new date. Common reasons are outstanding forensic results, an unavailable witness, a new defence lawyer, or a full court roll. Always ask for the next date in writing before you leave court and record it.

You can ask to withdraw, but the decision belongs to the prosecutor, not to you — the State may continue if there is enough evidence, especially in serious or domestic violence matters. Speak to the prosecutor and a support organisation before deciding.

Go to your nearest magistrates' court and ask the clerk for a domestic violence or harassment protection order application. It is free. You complete an affidavit; a magistrate can grant an interim order the same day and set a return date for the other party to respond.

Police emergencies: 10111. GBV Command Centre: 0800 428 428, free and 24 hours. Childline: 116. Legal Aid SA advice line: 0800 110 110. More organisations, including counselling and legal clinics, are listed on the help page.