The Domestic Violence Act by Noa Kinstler (attorney)

In terms of the preamble to the Domestic Violence Act, it was enacted due to the State recognising that that domestic violence is a serious social evil and that there is a high incidence of domestic violence within South African society. The legislators recognised that victims of domestic violence are among the most vulnerable members of society.

The Act deals with various acts of domestic violence which take on many forms and committed in a wide range of domestic relationships.

The Act defines a “domestic relationship” as follows:
a) they are or were married to each other, including marriage according to any law, custom or religion;
b) 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;
c) 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);
d) they are family members related by consanguinity, affinity or adoption;
e) 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
f) they share or recently shared the same residence;

The Act defines “domestic violence” as follows:
a) physical abuse;
b) sexual abuse;
c) emotional, verbal and psychological abuse;
d) economic abuse;
e) intimidation;
f) harassment;
g) stalking;
h) damage to property;
i) entry into the complainant’s residence without consent, where the parties do not share the same residence; or
j) 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;

Steps to obtain a protection order:

In order to apply for a domestic violence interdict or a protection order you will need to approach your local Magistrates Court.

When you arrive you request to be directed to the domestic violence section where you will be met by a clerk who will provide you with forms to complete.

You will need to complete the forms requesting an interim protection order which may later be confirmed. The application is made by way of an affidavit which must state the facts on which the application is based and the kind of interdict that is requested.

Be as detailed as you can in the affidavit describing the abuse that you have suffered and the likelihood of the abuse repeating itself. Include vivid descriptions with dates and times if possible. Do not leave anything out – even if you feel ashamed – it must be recorded in the affidavit.

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Comments

  1. Glynis Weeks

    Hi
    Thank you for this informative site.
    I am a victim of horrific physical and emotional domestic violence. I am in possession of a protection order. My husband has been sentenced in terms of the domestic violence act and contravention of a protection order. He received a 3 year sentence suspended for 5. One year has passed.
    Since this, he has assaulted me on 3 occasions. One of which he threatened to harm/ “gut me, my child and grandchildren” should i report him to saps. I did not, however did see the appointed phychologist. I have on all 3 occasions consulted with him, pertaining to these assaults. Intimidation. Threats and so on.
    As it is now. His pathological abuse has reached epic proportions leaving me almost dysfunctional.
    I desperately need sound legal council to proceed with
    Divorce proceedings
    Arrest for not complying with court rulings including reassaults etc.
    I have a small liveable income. Feel strongly that his actions are not in accordance with legal requirements set out by the Court. (His self imposed plea bargain )
    He refuses to leave our married home. Does not work. Has severe addictions… and apparently suffers bipolar. For this, I have no sympathy.
    Is there any way i can seek out an attorney to assist me. I do not have enormous funds. But am in an horrific situation.
    I am pleading for advice on this.
    Thank you for this
    Regards
    Glynis

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