General Family Law Matters

Domestic Violence Matters

Domestic violence is considered as abusive or aggressive behaviour involving a spouse or partner, whether living together or apart. Domestic violence is not limited to physical abuse.

Any behaviour which may cause harm to the safety, health or well-being of a victim is considered abusive.

There are four other types of domestic violence in addition to physical abuse. These are:

• Emotional;
• Psychological;
• Sexual; and
• Economic abuse.

Examples of domestic violence include acts of intimidation, harassment, stalking, damage to property and unauthorised entry into the victim’s private home (where the home is not shared with the abuser) or place of work.

The Domestic Violence Act 116 of 1998 recognises that domestic abuse is a serious social evil and makes provision for victims to apply for protection orders from the Magistrate’s court. Minors may apply for protection orders on their own without their parents or guardians.

Interim Protection Orders

Interim protection orders are designed to protect victims of domestic violence and they are often also referred to as “restraining orders” order “Domestic Violence Interdicts”. The main function of the order is to stop the alleged abuser from committing certain acts against his/her victim.

In terms of the Domestic Violence Act 116 of 1998, victims of domestic violence may apply at the local Magistrates Court for a protection order.