Written by: Karisha Singh
13 March 2025
What is Domestic Economic Abuse?
When people think of domestic violence, they often picture physical or emotional abuse. However, not all forms of abuse leave visible scars. One of the most overlooked and insidious forms of domestic violence is economic abuse—often invisible but deeply damaging. It can strip a person of their financial independence, limit their access to resources, and place them in a vulnerable position where leaving an abusive relationship feels impossible.
In South Africa, the Domestic Violence Act 116 of 1998 recognises economic abuse as a legitimate and punishable form of domestic violence. Yet, due to its subtle and often misunderstood nature, economic abuse can be challenging to detect, prove, and prosecute. This article aims to explain what economic abuse entails, how it manifests, and what victims can do to protect themselves and their rights.
What Constitutes Economic Abuse?
According to the Domestic Violence Act 116 of 1998, economic abuse includes the deprivation of financial resources that a person is legally entitled to or requires out of necessity. Some common examples include:
- Refusing to pay for household necessities, despite having the financial means
- Withholding money, credit cards, or access to bank accounts
- Using the complainant’s funds without permission
- Refusing to contribute towards shared property expenses, such as a mortgage bond
- Depleting a joint bank account without consent
- Unreasonable disposal of household effects or other property, such as movable assets, which the complainant has a vested interest in. An example of this would be if the abuser removes items from the shared and/or common residence, which may belong to the complainant, and disposes of such items by either relocating such items to another place altogether or even physically disposing of such items.
- Abusing the complainant’s financial resources, such as banking applications, bank cards and even loose cash that the complainant has, without requesting permission from the complainant. This, of course, does not necessarily apply to bank accounts that may be shared by both the complainant and the abuser.
- The Domestic Violence Act 116 of 1998 also stipulates that acts of coercion, controlling behaviour and intimidation can also result in economic abuse, whereby:
- The complainant is often coerced, intimidated or even bullied by the abuser to relinquish control over assets or funds.
- In certain instances, the abuser can intimidate the complainant by trying to force the complainant into signing legal documents that give the abuser control over the complainant’s finances or even legal documents pertaining to the ownership of assets.
It may sometimes be clear to a court that the abuser, through his or her coercive, controlling or intimidating behaviour, has consequently committed a further act of domestic violence, that being economic abuse.
It is evident from the above that it can often be difficult for the complainant to show, on a balance of probabilities, that actual economic abuse and the deprivation of economic resources have occurred. The Domestic Violence Courts around the country often express such difficulty with dealing with allegations of economic abuse, as it is more of an invisible form of abuse as opposed to that of physical abuse or verbal, emotional and psychological abuse.
When Should You Approach The Domestic Violence Court For Economic Abuse?
Economic abuse is usually tied to other acts of domestic violence that form part of the Domestic Violence Act 116 of 1998. These can be:
- Intimidating behaviour exhibited by the abuser towards the complainant.
- Coercive behaviour is exhibited by the abuser towards the complainant.
- Controlling and threatening behaviour by the abuser towards the complainant.
- Property damage, wherein the complainant has an interest or even ownership over such property.
- Physical abuse towards the complainant, causing economic abuse as the complainant is physically harmed to relinquish assets or transfer funds to the
- Emotional, verbal or psychological abuse wherein the complainant suffers economic abuse through the abuser forcing the complainant to sign legal documentation under duress.
What Proof Should Be Provided To Prove Economic Abuse?
When completing an application for a protection order under the Domestic Violence Act 116 of 1998, also known as a Form 6 [J480E], it is vital that the complainant:
- Very clearly indicates the specific conduct perpetrated by the abuser against the complainant.
- Provide a succinct and sufficiently detailed account of the economic abuse experienced.
- Clearly describe the abuser’s conduct.
- Include supporting evidence, such as financial records, correspondence, or witness statements, where possible.
What Interim Relief Can Be Requested?
It is advisable that in instances where the complainant and abuser still reside within a shared residence, in the event of clear economic abuse, the complainant request the following interim relief in their application:
- Emergency monetary relief to assist the complainant with urgent financial needs until the Domestic Violence matter is finalised.
- Part 8 of Form 6 [J480E], retention of personal property, also allows the complainant to fill out a section wherein the complainant would like to retain personal property and belongings such as clothing, jewellery, pets, identity documents and items required for work and school purposes.
- The complainant’s safety may be at risk and where the complainant is faced with imminent harm, the complainant has the opportunity to request emergency monetary relief as well as request the South African Police Services (SAPS) to assist him or her to collect personal property from the shared residence, where an interim order is granted to such extent.
If it becomes untenable for the complainant to reside with the abuser in a shared residence, the complainant must fill out the parts of the form submitted to court on emergency monetary relief, as well as personal property that the complainant needs to retain from such shared residence. These requests help ensure that the complainant is not left in a financially or physically vulnerable position while waiting for the outcome of the domestic violence matter.
Deal With Expert Domestic Violence Attorneys for Your Financial Security
Economic abuse, whilst recognised as an act of Domestic Violence, is often difficult to prove in the Domestic Violence Court. As such, it can be considered an invisible form of Domestic Violence that is often overlooked by South African courts. It is therefore of vital importance that the complainant paints a clear picture of such economic abuse, in line with other acts perpetrated by the abuser when reaching out to a Domestic Violence Court in SouthAfrica.
At Burger Huyser Attorneys, we understand the complexities of domestic violence cases, including the subtle but severe impact of economic abuse. Our compassionate and experienced legal professionals are here to help you navigate the court process and protect your rights. Reach out to us today for guidance and support in securing the safety and financial security you deserve.
Contact Burger Huyser Attorneys for expert legal advice and assistance with domestic violence matters, including economic abuse. We are here to protect your rights and restore your peace of mind.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
