Domestic violence is an unpleasant fact of South African life. It occurs across all groups in society regardless of age, race, gender, religion or economic standing.
Domestic violence is an unpleasant fact of South African life. It occurs across all groups in society regardless of age, race, gender, religion or economic standing.
It violates some of the basic human rights of the victim. Domestic Violence can only be prevented if we acknowledge its existence and speak out against it.
The law provides some relief to victims of abuse and the following is a brief outline of ways in which victims of abuse can utilise the laws available to them.
Violence takes various forms, it can include:
• Physical Abuse which includes any act or threatened act of physical violence.
• Sexual abuse – includes rape which can occur within a marriage. One of the emerging forms of sexual abuse is the refusal by a partner to use a condom, refusal to disclose HIV status, particularly high risk partners.
• Emotional, verbal and psychological abuse – a pattern of degrading or humiliating conduct which includes repeated insults, threats and/or exhibitions of obsessive jealousy.
• Economic abuse – unreasonably withholding financial resources or the unreasonable disposal of such resources.
•Intimidation
•Harassment – watching or loitering outside place of work, study, residence, unwanted telephone calls, e-mails, faxes, sms’, parcels etc.
• Stalking
• Damage to property
• Entry into residence without consent
• Any other controlling or abusive behaviours, If you are in an abusive relationship have a crisis plan that will assist you in getting out of a violent situation:
• Have a list of emergency numbers you can call
• Arrange for a safe place you can go to or telephone from for help
• If you have children always take them with you when you decide to leave the common home
• Keep a bag packed and ready for yourself and your children
• Ensure that you always keep your identity documents, bank cards, medical aid card and keys in a safe place which is easily accessible.
Using the legal system – A criminal charge can be laid against the abuser.
In addition to a criminal charge, the Domestic Violence Act 1988 provides a cost effective remedy for victims of abuse. You can apply for a protection order if you are or have been in the following types of relationships:
• Somebody you were married to or are married to.
• Your parents or guardians.
• Any family members including your children.
• The mother or father of your children.
• Your boyfriend or girlfriend.
• Anyone you are or have been living with even if you are not married to them
• Your partner of the same sex.
Initially an interim protection order is granted to the complainant. The court determines a return date for both parties to appear in court on which date the court will hear both parties and decide whether or not a final Protection Order should be granted.
A Protection Order sets out the behaviours that a perpetrator must refrain from. Once a complainant is
in possession of such an order and it has been served on the abuser, a warrant of arrest is issued and is kept by the complainant. Should the abuser threaten or violate the terms of the Protection Order, the complainant hands the warrant of arrest to the police who may then arrest and detain the perpetrator and bring him before a court of law. A Protection Order can be obtained at any time.
