Domestic Violence is regarded as a serious social evil and South Africa is one of the countries with high incidences of domestic violence.
The Domestic Violence Act, 1998 (Act 116 of 1998) was enacted with the main purpose to afford the victims of domestic violence maximum protection from domestic abuse that the law can provide.
The Domestic Violence Act permits victims of domestic violence to apply to a domestic violence court, located at most Magistrate’s Courts in South Africa, for an interim protection order to protect themselves from further abuse. Additionally, anyone may apply for an interim protection order on behalf of a minor child who is the victim of domestic violence.
When an interim protection order is granted ex-parte, it means even if the alleged abuser is not present, the court has the power to grant immediate relief, including prohibiting the respondent from committing the following offences:
- committing any acts of domestic violence or enlisting the assistance of third parties to do so;
- entering the complainant’s residence, the shared residence, or certain parts thereof;
- entering the complainant’s place of work or school;
These prevent the complainant from entering the shared residence or remaining there.
The Court may further order that:
- any firearm or dangerous weapon in the possession of the respondent may be seized;
- the SAPS accompany the complainant to a specified place to assist in the collection of personal property;
- the respondent make payment in respect of rent or mortgage bonds;
- the respondent pay emergency monetary relief to the complainant;
- the respondent not be allowed contact with a child or that contact only be granted under specific conditions.
The SAPS must then serve the interim protection order on the respondent and call upon the respondent to appear in court on a specified day and time to show cause why the order should not be made final.
The complainant must accompany the SAPS and indicate which respondent is involved.
The complainant and respondent appear at court on the return date to distinguish; why the interim order should not be made final. This is done through the filing of an answering affidavit.
The magistrate will attempt to settle the matter between the parties, but where this is not possible, the complainant is allowed to file a replying affidavit to the respondent’s answering affidavit.
Once all the affidavits and relevant evidence have been filed, the matter is set down for argument.
These matters are generally argued on the papers before the court, however, where the matter is complex and the court deems it necessary, oral evidence may be heard.
