Chapter 8 - Family Law and Violence against WomenDomestic violenceMost victims of domestic violence are women and children. Domestic violence happens when a woman or her child regularly get hurt by her partner by beating them or torturing them mentally, for example by swearing at them or criticising them all the time. One out of every six women is battered by her husband or boyfriend. But domestic violence is still not talked about openly. It is generally believed that what goes on in a person’s home is their own private affair and people, including the authorities, should not intervene. This leads to a lot of abuse in the home going unpunished. It also makes it hard for battered women and children to look for help. There are however options available to battered women and a number of organisations that can assist you if you are in such a situation. Getting a Protection Order under the Domestic Violence Act is one of the most important steps that a person who has been abused can take to stop the violence. See Problem 7: Using the law against domestic violence See Getting a Protection Order The Domestic Violence Act (No 116 of 1998)The Domestic Violence Act recognises that domestic violence is a serious crime against society. The Act aims to give greater protection to people who have been abused. The Domestic Violence Act defines domestic violence as including married women and children, unmarried women who are involved in relationships or living together, people in same-sex relationships, mothers who live in fear of their children, and people sharing the same living space. The Act says:
Domestic violenceThe Act says domestic violence includes:
Legal remedies in domestic violence cases include:
See Problem 8: Getting a Protection Order.
Sexual abuseThe Domestic Violence Act says sexual abuse is 'any conduct that abuses, humiliates, degrades, or otherwise violates the sexual integrity of the complainant'. Sexual abuse can be:
Legal remedies in sexual abuse cases include:
See Laying a criminal charge against another person.
See Problem 8: Getting a Protection Order.
See Civil claims. Economic abuseEconomic abuse is when the abuser doesn't pay a woman maintenance out of spite towards her. Legal remedies in economic abuse cases include:
See Problem 8: Getting a Protection Order.
See Problem 4: Getting maintenance through the Maintenance Court. The maintenance court process can take some time so if money is needed urgently, it is best to apply for a Protection Order for emergency monetary relief. You must still claim maintenance in the maintenance court as well because the Protection Order will only give emergency monetary relief for a temporary time because maintenance is supposed to be dealt with by the maintenance court. When the maintenance court makes an order, this will replace the part of the Protection Order that gives emergency monetary relief. Emotional and psychological abuseThe Domestic Violence Act says emotional, verbal and psychological abuse is 'a pattern of degrading or humiliating conduct towards a complainant' including:
Legal remedies in emotional and psychological abuse cases include:
Getting a protection orderUnder the Domestic Violence Act a person can get a Protection Order to stop another person abusing them. See Problem 8: Getting a Protection Order. The advantages of this process under the Act are as follows:
What is a protection order?A Protection Order is an order from the court telling an abuser to stop abusing someone. You can get a Protection Order against any person who is abusing you and who is in some form of domestic relationship with you, for example, a parent or guardian. In other words, you cannot get a Protection Order against your employer or your neighbour. The protection order can also order:
Police must arrest an abuser who has disobeyed a Protection Order, using the warrant of arrest given at the same time that the Protection Order is given by the court. Who can apply for a protection order?Anyone in any of these relationships can apply for a Protection Order:
The Domestic Violence Act says if you believe a child is being abused you don't have to get the child's permission before getting a protection order. It is enough if you believe that the child is being abused. Where can you get a protection order?You get a Protection Order from a Magistrate's Court or High Court. This court must be close to where you live or work, or where the abuser lives or works or where the abuse took place. The Act says you can get a Protection Order from a Magistrate's Court at any time of day or night. Costs of getting a Protection OrderYou don't need an attorney to get a Protection Order. Getting a Protection Order in the court is free - you only have to pay for the Protection Order to be served on the abuser. If you don't have money to pay for the order to be served, then the Act says the court must help with this.
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