Domestic violence is rampant in South Africa and applications for protection orders seem to have become a standard “fixture” in divorce proceedings.
Domestic Violence includes physical abuse, sexual abuse, emotional, verbal, or psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, entry into the complainant’s residence without consent, where the parties do not share the same residence and any other controlling or abusive behavior towards a complainant where such conduct harms or may cause imminent harm to the safety, health, or wellbeing of the complainant.
Perpetrators of domestic violence tend to be repeat offenders with an ever-increasing appetite for violence against their loved ones, creating an everlasting cycle of emotional and physical damage, not only for their victims but usually also for children sharing their residences. Experience has taught us that partners and spouses in cohabitation relationships and same-sex marriages may just as much be victims of domestic violence as any other person.
Legal Protection for Domestic Violence victims
The Domestic Violence Act introduced a user-friendly mechanism to protect victims in the form of an application for a protection order. Any person who believes that he/she may be the victim of domestic violence may approach the magistrates’ court in his/her area for assistance.
The clerk will assist the applicant with the completion of the required forms and affidavits and the magistrate may grant a protection order on the very same day, depending on the circumstances. This order may include an interdict restraining the perpetrator from accessing the communal home, committing any further acts of domestic violence, interim maintenance, or even an order to confiscate the perpetrators’ firearms.
The magistrate may further issue a warrant of arrest, which must be handed to your local police station, who will immediately execute the warrant if the perpetrator commits any further acts of domestic violence.
The perpetrator will be summonsed to appear in the domestic violence court to answer your allegations and the interim order may be confirmed or made final.
Non-compliance with the provisions of a protection order constitutes a criminal offence and may negatively impact any application for a firearm license or competency certificate.
This mechanism has unfortunately also become the subject of abuse for some to get back at their partners to settle some personal dispute and is abused on a daily basis.
We suggest that you obtain the services of an experienced family attorney to assist you in domestic violence matters as the consequences of such an application could be far-reaching.
