Are you a victim of domestic violence or do you know someone who is a victim of domestic violence but you are not sure what to do or where to start?
We can help you with an application for domestic violence whether you are the victim or if you have been falsely accused of domestic violence where there is a pending application for domestic violence.
Domestic violence is a serious and widespread issue. It affects people of all ages, genders, and socioeconomic backgrounds. The Domestic Violence Act defines domestic violence as any abusive behavior that occurs in a domestic relationship. This includes physical, sexual, emotional, verbal, psychological, and economic abuse which cause imminent harm to the safety, health or wellbeing of a person.
Domestic violence affects most of the vulnerable members of our society and it needs to be dealt with swiftly. It is very unfortunate that domestic violence is kept secret and not reported in the majority of domestic violence cases. The responsible thing to do is to report any incidents of domestic violence immediately and to consult with an attorney that deals in domestic violence cases.
If you are a victim of domestic violence, you should know that you have rights that can be protected. A victim of domestic violence can be protected from any further abuse and you can launch a protection order in terms of the Domestic Violence Act to prevent any further harm and abuse. Domestic violence is already a huge problem in South Africa and the Domestic Violence Amendment Act brought groundbreaking changes.
Changes to the Domestic Violence Act
Application for domestic violence
An application for domestic violence protection order can be done online which elimates the need to queue at court.
Criminal offence
The Domestic Violence Amendment Act makes it a criminal offence to expose a child to any form of domestic violence.
Safety monitoring notice
The court can issue a Safety monitoring notice that requires the SAPS to be in constant contact with the victim without the knowledge of the abuser.
Obligation to report
You have a legal obligation to report domestic violence against children, elderly people and people with disabilities.
Children
Children exposed to domestic violence can apply for a protection order without assistance from a parent.
Duration of a protection order
A domestic violence protection order remains valid for life once it has been issued by a court.
Obligation to report
Failure to report domestic violence against children, elderly persons and person with disabilities is a criminal offence.
Extends protection
The Domestic Violence Amendment Act extends protection to older persons in an abusive domestic relationship.
Domestic violence
Domestic violence in terms of the Domestic Violence Amendment Act is no longer only a family matter.
It is unfortunate that in some instances, a person will launch an application for a protection order against another person without any valid reason or cause for whatever reason. This sometimes occurs during divorce proceedings or an attempt to try an force some type of settlement or to take revenge of sorts after an argument. In such instances an application for a protection order may be frivolous, vexatious or unreasonable and it may have cost implications for a person who acted in such an unreasonable manner. If a person applied for a protection order without any reasonable cause and you are not at fault, it is important to oppose the application for a protection because it may have severe consequences brought with the Domestic Violence Amendment Act.
Our areas of practice
Applying for a protection order
We can assist you to launch an application for a protection order in terms of the Domestic Violence Act and represent you and protect your rights throughout the entire process.
Opposing a protection order
We can assist you to oppose an application for a protection order in terms of the Domestic Violence Act and represent you and protect your rights throughout the entire process.
Contact us
You should consult with an experienced attorney as soon as possible to get legal advice to protect your rights. Contact Smith Incorporated for a consultation relating to an application for a protection order to protect and enforce your rights.
Domestic violence is any abusive behavior that occurs in a domestic relationship. This includes physical, sexual, emotional, verbal, psychological, and economic abuse which cause imminent harm to the safety, health or wellbeing of a person.
What is a protection order?
A protection order is a court order that aims protect a victim and to prevent future domestic violence and harm in the future by imposing conditions that an abuser (Respondent) must follow.
Who can apply for a protection order?
Any person who is in a domestic relationship and being abused can apply for a protection order. Abusive behavior includes physical, sexual, emotional, verbal, psychological, and economic abuse which cause imminent harm to the safety, health or wellbeing of a person.
Can children apply for a protection order?
Any person can apply for a protectionn order and children can also apply for a protection order with or without the assistance of a parent.
Is there a legal obligation to report domestic violence?
You have a legal obligation to report domestic violence against children, elderly people and people with disabilities. Failure to report domestic violence against children, elderly people and people with disabilities is a criminal offence.
Can an attorney represent me at Court?
Yes, an attorney can represent you at court during the proceedings of a domestic violence application to protect and enforce your rights.
How long does a domestic violence protection order last?
A domestic violence protection order remains valid for life in terms of the Domestic Violence Amendment Act.
Is it an offence to contravene a domestic violence protection order?
It is an offence to contravene a domestic violence protection order. For a first conviction the offender may be liable for a fine or imprisonment not exceeding 5 years or both. For a second conviction the offender may be liable for a fine or imprisonment not exceeding 10 years or both.
