DOMESTIC VIOLENCE

SPECIALIST DOMESTIC VIOLENCE LAWYERS IN SOUTH AFRICA

Your Preferred Legal Partner In Domestic Violence Matters In South Africa

WHAT DOES DOMESTIC VIOLENCE ENTAIL IN SOUTH AFRICAN LAW?

Domestic violence in South Africa is when a person (respondent) harms another person (complainant) while in a domestic relationship. A domestic relationship refers to a relationship between two people who live together currently, have lived together in a shared residence at any time, while relating through marriage, or a relationship like marriage, through adoption and or are family members living together as a joint family unit in a household.

DOMESTIC VIOLENCE ACT IN SOUTH AFRICA

Domestic violence in South Africa is defined by various behaviours and repeated acts of abuse against another. According to the Domestic Violence Act No. 116 of 1998, domestic violence in South Africa is considered to be:

  • Physical abuse – any act or threatened act of physical violence toward a complainant.

  • Sexual abuse – any conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant.

  • Emotional, verbal and psychological abuse – a pattern of degrading or humiliating conduct towards a complainant.

  • Economic abuse – unreasonable deprivation of financial resources and disposal of household effects of other property.

  • Intimidation – uttering or conveying a threat or causing a complainant to receive a threat.

  • Harassment – engaging in a pattern of conduct that induces the fear of harm to a complainant.

  • Stalking – repeatedly following, pursuing, or accosting the complainant.

  • Damage to property.

  • Entry into the complainant’s residence without consent, where the parties do not share the same place; or

  • Any other controlling or abusive behaviour towards a complainant.

DOMESTIC VIOLENCE

DOMESTIC VIOLENCE & PROTECTION ORDERS IN SOUTH AFRICA

Domestic violence matters are very tiring and exceptionally emotional for the parties involved. We assist parties who find themselves in a situation where they need to launch proceedings to protect themselves against domestic violence and parties wanting to oppose a domestic violence application that they believe was wrongfully sought against them. Due to the sensitivity of these matters, PM Attorneys’ domestic violence lawyers take special care in helping each person with the necessary dignity, compassion, professionalism and understanding.

In South Africa, complainants can approach the Courts to apply for a protection order. Complainants can further decide to lay criminal charges/complaints against the respondent at a police station. During these times, we strongly advise parties to consult with and rely on the legal support of specialist domestic violence attorneys that can guide them through the legal process.

WHO CAN APPLY FOR A PROTECTION ORDER IN SOUTH AFRICA?

  • Complainants can apply for a protection order.

  • Child complainants can apply for a protection order independently without being assisted by a parent or a guardian.

  • A concerned person can apply for a protection order on behalf of the complainant. Thus, any person who is interested in the safety and well-being and safety of a complainant can make an application. Complainants older than 18 years must give written consent to enable interested parties to make an application on their behalf.

WHAT IS THE PROCESS INVOLVED IN APPLYING FOR A PROTECTION ORDER IN SOUTH AFRICA?

  1. Applications for protection orders in South Africa are made at a Magistrate’s Court where the domestic violence took place or in the area where the complainant works or lives.
  2. Application forms are available from the clerk of the Court and must be filled in and completed by the complainant.
  3. Applications form part of an affidavit, and the complainant is obliged to provide the following information:
  • All relevant facts relating to the domestic violence incident, evidence in support thereof, when it happened and medical reports;

  • The type of protection the complainant is applying for, and

  • The name of the police station where a violation of the protection order will most likely be reported to.

INSIST ON DEALING WITH SPECIALIST DOMESTIC VIOLENCE ATTORNEYS FOR THE APPLICATION & ENFORCEMENT OF PROTECTION ORDERS

Once the Courts have granted a final or interim protection order, a warrant of arrest will be issued and a copy thereof provided to the complainant.

Any breach in the terms and conditions set out in the protection order must be reported to the police and your attorney. The respondent can be arrested in terms of the arrest warrant for any breach in terms of the protection order.

NEED URGENT LEGAL ASSISTANCE WITH YOUR DOMESTIC VIOLENCE MATTERS? CONTACT THE PREFERRED DOMESTIC VIOLENCE LAWYERS IN SOUTH AFRICA TODAY.

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PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and practical legal solutions to your domestic violence matters.

DOMESTIC VIOLENCE