Sadly, in South Africa, domestic violence cases are on the rise and more and more people fall prey to their loved ones (it should be noted that we do not deal with sexes herein, as domestic violence is prevalent amongst all sexes).
Domestic violence has devastating consequences on the victim, both emotionally, physically, and often financially.
The Domestic Violence Act No. 116 of 1998 defines domestic violence (definition currently under amendment*) as any form of abuse that includes:
“physical abuse, sexual abuse, emotional abuse, economic abuse, intimidation, harassment, stalking, damage to property, entry into the complainant’s residence without consent were the parties do not share the same residence or any other controlling behavior towards complainant where such conduct harms, or may cause imminent harm to the safety, health or wellbeing of the complainant”.
The Domestic Violence Act 116 of 1998 provides that any persons subject to domestic violence may approach a competent Court for protection.
A standard form (available online and at the relevant Court) is made use of to apply for an interim and/or final order, however, we do note that the incorrect or insufficient completion thereof may ‘make or break’ ones chances at a final order.
The purpose of a protection order is to limit access to the complainant from the alleged perpetrator, in order to protect the complainant from further abuse or violence.
The protection order prohibits the perpetrator from committing certain types of abusive behavior and he/she may also be ordered to commit certain types of acts (such as payments of financial assistance).
The protection order may be sought against any person (in certain circumstances) such as:
– to whom you are married;
– a partner whom you live with, even though you are not married;
– the other parent of your child or any person with whom you share parental responsibilities;
– a person whom you are in a relationship with;
– a person whom you share or have shared the same residence with;
The courts have a responsibility towards persons who are and who have suffered from domestic violence.
Notably, domestic violence applications may also be opposed.
Should you require assistance in launching domestic violence proceedings, or in opposing same, feel free to contact our office for advice and/or assistance.
Written by Lunga Ndima (Candidate Attorney) and Keegan Elliott (Attorney)