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If you are the victim of domestic abuse and your abuser is someone with whom you are in a domestic relationship, you may apply for a protection order, in terms of the Domestic Violence Act. A protection order has conditions, which set out what the abuser may not do. Should the abuser break these conditions then he can be arrested. If the abuse involves a criminal offence a charge can be laid for that offence.
The words 'domestic relationship' cover many relationships. You are in a domestic relationship with someone if you:
- Are or were married to each other, whether you live together or not
- Are same-sex partners, whether you live together or not
- Were or are engaged, dating, or in a customary relationship, or in any relationship you or the other person believes to be romantic
- Have been in a sexual relationship, even for a short time
- Are the parents of a child
- Share or recently shared the same home or residence.
Domestic abuse' includes:
- physical abuse
- sexual abuse
- emotional abuse
- verbal abuse
- psychological abuse
- economic abuse
- intimidation
- stalking
- damage to property
- when you are not living together, entering your property without your permission.
- any other controlling behaviour that may cause harm to your safety, health or well-being.
By asking for a protection order you are not laying a criminal charge, and you do not need to make a criminal charge to get a protection order. However, if you are the victim of a type of domestic abuse that is also a crime you can choose to apply for a protection order, or lay a criminal charge, or do both. Acts of abuse which are also crimes include common assault, assault with the intention of doing grievous bodily harm, indecent assault, rape, incest, attempted murder, malicious damage to property, pointing a firearm, and abuse of animals.
Once you have the protection order, if your abuser breaches (breaks the conditions of) a protection order, then that is a crime and he can be charged with the crime of contempt of court (even if the breaching act is not ordinarily a crime, for example, controlling behaviour). If the breach itself involves a crime such as assault, then he can be charged with both contempt of court and assault.
Having a protection order means having the power to have your abuser arrested as soon as he commits an act of abuse. All you need to do is report that he has breached the conditions, and the police must act immediately.
Before getting a protection order, you can get an interim protection order quite quickly by filling in certain forms, and that interim order will specify a date at which the final order will be considered (a return date). Once a final order is made, it is permanent and can only be changed by applying to the courts.
The kinds of protection you can get in a protection order include conditions that:
- Your abuser must not commit any act of domestic abuse.
- Your abuser must pay you rent, mortgage payments or other emergency money.
- The police must seize any firearms or dangerous weapons in your abuser's possession.
- The police must go with you and help you to collect your personal property.
- Your address must not be given anywhere on the protection order.
- Are or were married to each other, whether you live together or not
- Are same-sex partners, whether you live together or not
- Were or are engaged, dating, or in a customary relationship, or in any relationship you or the other person believes to be romantic
- Have been in a sexual relationship, even for a short time
- Are the parents of a child
- Share or recently shared the same home or residence.
Domestic abuse' includes:
- physical abuse
- sexual abuse
- emotional abuse
- verbal abuse
- psychological abuse
- economic abuse
- intimidation
- stalking
- damage to property
- when you are not living together, entering your property without your permission.
- any other controlling behaviour that may cause harm to your safety, health or well-being.
By asking for a protection order you are not laying a criminal charge, and you do not need to make a criminal charge to get a protection order. However, if you are the victim of a type of domestic abuse that is also a crime you can choose to apply for a protection order, or lay a criminal charge, or do both. Acts of abuse which are also crimes include common assault, assault with the intention of doing grievous bodily harm, indecent assault, rape, incest, attempted murder, malicious damage to property, pointing a firearm, and abuse of animals.
Once you have the protection order, if your abuser breaches (breaks the conditions of) a protection order, then that is a crime and he can be charged with the crime of contempt of court (even if the breaching act is not ordinarily a crime, for example, controlling behaviour). If the breach itself involves a crime such as assault, then he can be charged with both contempt of court and assault.
Having a protection order means having the power to have your abuser arrested as soon as he commits an act of abuse. All you need to do is report that he has breached the conditions, and the police must act immediately.
Before getting a protection order, you can get an interim protection order quite quickly by filling in certain forms, and that interim order will specify a date at which the final order will be considered (a return date). Once a final order is made, it is permanent and can only be changed by applying to the courts.
The kinds of protection you can get in a protection order include conditions that:
- Your abuser must not commit any act of domestic abuse.
- Your abuser must pay you rent, mortgage payments or other emergency money.
- The police must seize any firearms or dangerous weapons in your abuser's possession.
- The police must go with you and help you to collect your personal property.
- Your address must not be given anywhere on the protection order.
Provided By: Department of Justice and Constitutional Development (The Government of South Africa) |
