Domestic violence is a pressing social issue in South Africa, affecting individuals and families across all communities. It does not discriminate according to educational status, economic standing, or social class. Defined as a pattern of abusive behaviours perpetrated by one against another, it encompasses various forms of abuse, including physical, emotional, sexual and economic. Between 25% and 40% of South African women have experienced sexual and/or physical intimate partner violence in their lifetime, and the rate at which women are killed by intimate partners in this country is five times higher than the global average. The psychological impact of all types of abuse on women includes anxiety, depression, post-traumatic stress and other anxiety disorders, sleep difficulties, eating disorders, and suicide attempts. Physical violence can negatively affect women’s physical, mental, sexual, and reproductive health, and effects include headaches, pain syndromes, gastrointestinal disorders, limited mobility and poor overall health.

What measures are in place to protect women at risk of domestic violence/ gender-based violence?

Domestic Violence Act

The Domestic Violence Act 116 of 1998 stands as a crucial legal framework designed to safeguard individuals who experience domestic abuse. The Act outlines the court procedures for protection orders, which prohibit a respondent from committing specifically listed acts of domestic violence against a complainant.

Protection orders

A protection order is a court order issued by a Magistrate’s Court that lists various acts a respondent is prohibited from committing in relation to a complainant. The purpose of this order is to prevent further harm to the complainant.

A Protection Order can be obtained in person at the nearest Magistrate’s Court by completing an application accompanied by an affidavit setting out the history and any and all instances of domestic violence. The affidavit should include details such as dates, times, location and nature of domestic violence, any available evidence or proof of domestic violence and any harm or damages caused. Details of why the application should be dealt with urgently and the nature of the protection sought must be included in the application.

The application is submitted to the clerk of the court who then presents the application to a magistrate. In terms of the directives issued on 14 April 2023, every domestic violence court is required to arrange for court personnel and a magistrate to be available at court after hours and on weekends.

Enforcing a protection order

When the court issues a protection order it must also issue a warrant of arrest for the respondent. However, the execution of the arrest warrant is suspended subject to the respondent complying with the terms and conditions of the order. Failing to comply with the terms and condition of a protection order, whether interim or final, is a criminal offence.

If the respondent contravenes the terms and conditions of the protection order, the police are authorised to arrest the respondent. This ensures compliance with the protection order.

Domestic violence safety monitoring notice

If a woman shares a residence with a man, against whom she has taken out a protection order, and has reasonable grounds to suspect her personal safety is under threat, she can apply for a domestic violence safety monitoring notice at the same time. This notice requires the station commander of a police station to instruct a police officer either to contact or visit the woman at her residence at regular intervals to check on her and ensure her safety. If the police officer is prevented from contacting or visiting the woman, the officer may lawfully use reasonable force to enter the home and communicate privately with the woman.

If you are experiencing domestic violence

At SD Law & Associates we are experts in family law with deep experience of helping women escape abusive partners. We can serve a protection order on a controlling partner, connect you to support services, and make sure you and your children are safe. Seek the guidance of an expert family attorney. If you are in need of protection from a violent spouse or partner, contact Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za.

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