DOMESTIC VIOLENCE IN SOUTH AFRICA
WHAT IS DOMESTIC VIOLENCE?
In terms of the Domestic Violence Act 116 of 1998, Domestic Violence refers to the
- physical abuse;
- sexual abuse;
- emotional, verbal or physhological abuse;
- economic abuse;
- damage to property;
- entry into the complainant’s residence without consent, where the parties do not share the same residence; or
- 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.
DOMESTIC VIOLENCE ACT IN SOUTH AFRICA
In South Africa there is a high incidence of domestic violence. Unfortunatley, in most cases the victims of domestic violence are among the most vulnerable members of society. Domestic violence is recognized by the ADomestic Violence Act as a social evil that affects not only the abused but also the family of the abused. The unfortunate thing about domestic violence is the fact that it is very often kept secret and not reported to the proper authorities. The most responsible thing to do is to immediately report the incident to the authorities and make an appointment with an attorney specialising in Domestic Violence.
Domestic violence has a history of repeating itself and/or becoming increasingly violent if nothing is done to put a stop to it. In cases of domestic violence towards a mother, the possibility is also there that the abuse can later be directed towards the children. This will cause irreversible psychological damage to minor children and needs to be avoided at all cost.
INSIST ON DEALING WITH EXPERIENCED DOMESTIC VIOLENCE LAWYERS TO PROTECT YOUR RIGHTS
Make an appointment with one of our domestic violence attorneys as soon as possible to obtain a Protection Order. A protection order is a court order also called a domestic violence interdict, to order the abuser to desist from his or her abuse. In the order, certain conditions will be set out to prevent him/her from further abuse. If the abuser is in breach of the protection order, you can immediately contact the police and have the accuser arrested.
There are instances whereby a complainant will lay a frivolous, vexatious or unreasonable claim against the accused. There are countless reasons why a person would lay a false claim against another person. It can range from attempting to force a settlement agreement in a divorce or maintenance case, attempting to keep minor children away from the other parent, or something as simple as applying for a protection order a a form of revenge. If someone laid a false charge against you it is of vital importance to file a proper reply under oath and appoint a domestic violence attorney to represent you on the return date. If your version is not placed before court and the order is made final, you will be arrested if you contravene the terms and conditions of the order.