It’s important to know that South African law is very different from any law anywhere else as to what is considered Domestic Violence. Don’t take guidance from anything other than the Domestic Violence Act of South Africa.
Our Domestic Violence Act explains that physical violence means any act of physical violence is included in the meaning of Domestic violence, but it ALSO includes the following:
- Sexual abuse
- emotional, verbal and psychological abuse (a pattern of degrading and humiliating conduct….)
- economic abuse
- intimidation
- harassment
- stalking
- damage to property
- entry into the complainant’s property (where they don’t share a property)
- any other controlling or abusive behaviour
Each of the above is explained in more detail in the Act.
Considerations When Applying for a Protection Order
There MUST be a pattern of behaviour, not a single isolated event. When you are drawing up your affidavit, it is really important to give the detailed facts of each instance of DV. It is helpful to avoid using the word “abuse” as it’s simply too general. Describe what happened in each incident, focusing on the worst aspects and using direct language to explain what the abuser did. Try to explain to the Court how his behaviour has a controlling effect and how it harms you and the family.
Even if the court is not completely convinced by your affidavit they will usually grant an order and give you and the abuser a chance to be heard in court before making a final decision.
If you are experiencing domestic abuse and are looking for help applying for a protection order, come to Blake Attorneys. We are a firm of attorneys focusing on family law, business law and estate administration. Contact us for more information.