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;
- 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:
- Health worker
- Social worker
Kindly contact our offices to set up a consultation to discuss this in further detail.