Domestic violence

Women and children are often the victims of abuse in the domestic situation. We also recognise that men are sometimes the victims as well.

Legislature has empowered the victims in these situations by enacting the Domestic Violence Act No. 116 of 1998, which enables the victims to obtain a protection order against the perpetrators of violence.

The protection order is a powerful tool in the hands of the victim. An automatic warrant of arrest is issued with the order. In the event of the perpetrators committing any further acts of domestic violence against the victim and breaching the terms of the order then the victim simply has to make a report at the local police station and the perpetrator is arrested and taken to Court.

The Act makes provision for the following forms of domestic violence:-

• physical abuse;
• sexual abuse;
• emotional, verbal and psychological abuse;
• economic abuse;
• intimidation;
• harassment;
• stalking;
• damage to property;
• entry into the complainant's (victim's) residence without consent, where the parties do not share the same residence; or
• any other controlling or abusive behaviour towards a complainant, where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the complainant.

Any person involved in a domestic relationship may apply for a protection order. In terms of the Domestic Violence Act a domestic relationship means a relationship between a complainant (victim) and a respondent (perpetrator) in any one of the following ways:-

• they are or were married to each other, including marriage according to any law, custom or religion;
• they (whether they are of the same or of the opposite sex) live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other;
• they are the parents of a child or are persons who have or had parental responsibility for that child (whether or not at the same time);
• they are family members related by consanguinity; affinity or adoption;
• they are or were in an engagement, dating or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration; or
• they share or recently shared the same residence.

The victim may also claim emergency monetary relief from the perpetrator for monetary losses suffered by the victim at the time of the issue of the protection order as a result of the domestic violence. This includes;-

• loss of earnings;
• medical and dental expenses;
• relocation and accommodation expenses; or
• household necessities.

Further, the victim may also ask for an order that any dangerous weapons in the possession of the perpetrator be confiscated.

We provide a service to assist clients in applying for a protection order and appearing in court to ask for the order and, where necessary, present argument in support of such order being granted.

We also recognise that the Domestic Violence Act is open to abuse and we provide a service to clients who wish to oppose such applications which includes the drafting of affidavits and appearances in court.