Domestic Violence: There Is Help!

It is no secret that domestic violence has spiked during the national lockdown. Where victims of domestic violence could temporarily leave their homes, they were now stuck in a home with their abuser. Add to this the ban on cigarettes and alcohol at the beginning of the lockdown, and you get a recipe for disaster. During the first three months of lockdown, more than 120 000 victims phoned the national helpline for abused women and children. We will have a look at how the law defines domestic violence, how to get a protection order, against who you can get a protection order, and how you can find the emotional support you need to break free from the abuse.

1. What is domestic violence?

It is important to understand what constitutes domestic violence, as many do not realize that they are indeed suffering domestic violence. The Domestic Violence Act 116 of 1998 deals with domestic violence in South Africa. The purpose of this Act is to provide for the issuing of protection orders and any matter connected to it.

According to this act, domestic violence must be interpreted to have a wide meaning. It includes physical abuse, sexual abuse, economic abuse, intimidation, harassment, stalking, damage to property, entry into the residence of the complainant without consent where the parties do not share a house, emotional, verbal and psychological abuse, or any other abusive or controlling behavior towards the complainant where such conduct causes harm or may cause harm to the safety, health, and wellbeing of the complainant. Contrary to what some people may believe, it is not only women and children who can suffer domestic violence, but also men.

2. Against who can you get a protection order?

For something to be classified as domestic violence, the complainant must have a domestic relationship with the abuser. This includes someone that you are married to, a partner that lives with you, even though you are not married, someone with whom you have recently shared a residence, a person whom you are dating, engaged to, including an actual or perceived romantic, intimate or sexual relationship of any duration, people who are related to you by blood ties, marriage or adoption or the person who shares parental responsibilities with you for a child.

3. Getting a protection order.

If you are a victim of domestic violence as set out above, you can approach the local magistrate’s court closest to where you live or work to apply for a protection order. The clerk of the court will assist you to complete the relevant documents and the Magistrate will consider your application for an interim protection order.

The court will issue the interim protection order if it is satisfied that:

a) the respondent is committing or has committed an act of domestic violence;

b) that undue hardship may be suffered by the complainant as a result of this domestic violence if the protection order is not provided immediately.

You must then take the interim order to the sheriff who will serve the alleged abuser with the interim protection. Every interim order will have a return date stipulated on it. On the return date, the complainant and the alleged abuser will appear before the Magistrate to determine if a permanent order should be issued.

The interim protection order take effect as soon as the proof of service has been returned to the court and the clerk of the court will then issue a suspended warrant of arrest for the responded for when he/she breaches the interim order. The interim protection order may in certain instances even prohibit the respondent from entering the shared house or certain areas of this shared house for example your bedroom. The police are obliged to assist you by accompanying you to collect belongings, clothing, important documents, etcetera.

On the return date stipulated in the interim protection order, the respondent will be allowed the opportunity to state to the court why the final order against them should not be awarded. The complainant will be allowed to give evidence of the abuse that they have suffered to prove to the court that a final offer should be issued.

If the respondent does not appear in court on the return date and the court is satisfied that proper service has been effected on the respondent, and the application contains evidence that the respondent committed domestic violence, the court must issue the protection order in the prescribed format.

4. Getting support.

It is important to reach out to friends or family to help you through this difficult time in your life. Also, remember that abuse is never your fault. If you do not have friends or family that you trust, there are always other options to get the support you need.

If you can afford it, it may help with your healing process if you see a psychologist or professional counselor. People Opposed to Woman Abuse (Powa) is one of the organizations that assist victims of domestic violence by providing counselling (face to face and telephonically), legal advice and temporary shelter.

There are also many support groups and pages on Facebook for victims of domestic violence. Here are two organisations who are doing extra-ordinary work to assist victims in this position:

- Rise Against Domestic Violence: https://www.facebook.com/RiseAgainstDomesticViolenceSA

- Jason's Angels: https://www.facebook.com/groups/1109106636279219

Lots of Love ♥

Daniélle

* This article was originally published by ULSA Student Voice*