What is Domestic Violence?

According to the Domestic Violence Act No. 116 of 1998 it is:

  • Any form of abuse which includes physical, sexual, emotional, psychological or economic harassment;
  • Damage to property;
  • Stalking;
  • Entry into a person’s property without their consent;
  • Any other abusive or controlling behaviour where such a conduct causes harm or may cause harm to your health, safety, or well-being.

If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order.

What is a domestic violence protection order?

This is a document issued by the court which prevents the abuser from:

  • Committing an act of domestic violence;
  • Enlisting the help of another person to commit any such act;
  • Entering a residence shared by the complainant and the respondent;
  • Entering a specified part of such a shared residence;
  • Entering the complainant’s residence;
  • Entering the complainant’s place of employment;
  • Preventing the complainant who ordinarily lives or lived in a shared residence from entering or remaining in the shared residence or a specified part of the shared residence; or
  • Committing any other act as specified in the protection order.

Who can apply for a protection order?

  • Anyone who is or has been abused
  • A minor, who may lodge an application unassisted
  • Any person who has an interest in the life of the complainant.

The following persons can apply with the written consent of the complainant, unless the complainant is a minor, a mentally retarded person, unconscious or if the court is satisfied that he or she is unable to give the required consent:

  • Counsellor
  • Health worker
  • Policeman
  • Social worker
  • Teacher

Kindly contact our offices to set up a consultation to discuss this in further detail.