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DOMESTIC VIOLENCE

Domestic violence has been defined in section 1 of the Domestic Violence Act 116 of 1998 (DVA) as:  “any controlling or abusive behavior that harms the health, safety or well-being of the Complainant or any child in the care of the  Complainant”

The legislation that gives you protection from domestic violence

The Domestic Violence Act 116 of 1998 (DVA) provides for anyone experiencing domestic violence to seek protection from the abuse by obtaining a domestic violence protection order or an interdict

The definition then goes on to elaborate on the types of behaviour that constitute domestic violence, which includes, but is not limited to:

  • Physical abuse or the threat thereof;
  • Sexual abuse or a threat of sexual abuse;
  • Emotional, verbal and psychological abuse;
  • Economic abuse;
  • Intimidation;
  • Harassment;
  • Stalking;
  • Damage to or destruction of property; or
  • Entry into the Complainant’s residence without consent, where the parties do not share the same residence.
 

For more on this please see this page visit our protection order page.

 

Who can apply for a domestic violence interdict

Those who have experienced any of the above forms of domestic violence and are in a domestic relationship may apply for a domestic violence interdict.

Interdictions may also be requested by children.

Anyone else who has a material interest in you, or is concerned about you, can also apply on your behalf. However, this person must have your written permission to apply on your behalf.

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