What is the Domestic Violence Act and how does it help you?
The key to your safety lies in the Domestic Violence Act 116 of 1998. The part of the constitution of South Africa that deals with domestic violence and physical abuse is called the Domestic Violence Act. The Domestic Violence Act was created to protect vulnerable citizens against those who abuse them by committing the government of South Africa to put a stop to domestic violence.
Learn how to use the DVA to protect your family
Once you understand how to use the Domestic Violence Act you will be able to implement it to protect yourself and your children from domestic abuse. Many victim-survivors stay in toxic environments due to a lack of knowledge and a lack of confidence in our legal system.
Economic abuse can have a profoundly devastating effect on both men and women: it impacts their ability to leave an abuser and their mental health, subsequently prolonging the amount of time they are vulnerable to harm. The abuse might continue post relationship, it might change shape and form and often the use of child support is used as a tool to continue causing economic harm to the victim. A study conducted by the World Health Organization found that 60 000 women and children are victims of domestic violence in this country. This number could be drastically higher due to the fact that so many cases go unreported.
The Domestic Violence Act was created to take a stand against abusers and give victims a way out. The DVA allows you, as a victim of domestic violence, to get a protection order against your abuser. A Protection Order is an order issued by the court that includes a list drafted by the magistrate of things the abuser will be allowed or not allowed to do in order to protect you from his abuse.
A Protection Order legally prohibits an attacker from hurting you again. Should he violate one of the conditions listed in the Protection Order, he will be arrested and summoned to court for violating the Protection Order. It is important to note that while victims of physical abuse are predominantly women and children, anyone can fall victim to domestic abuse and an abuser could be male or female, straight or gay.
If you are concerned about ongoing abuse while you wait for your court date to arrive on which the accused abuser will appear with you in court, you can apply for an Interim Protection order. An Interim Protection order serves as temporary, emergency protection and comes into effect the moment it has been served to your abuser.
To be in a Domestic Relationship means…
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- You live or have lived with the person in a romantic relationship or marriage.
- You do not live together, but are married or in a romantic relationship.
- You live or have lived in the same house.
- You are related in some way or the other person is related to your partner or ex-partner.
- Together you are responsible for a child. This includes but is not limited to natural/adoptive parents and legal guardians.
- The other party is under the impression that the two of you are in a romantic relationship.
