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A Growing Pandemic: Family & Domestic Violence in South Africa

Unfortunately, each form of family violence begets inter related forms of violence. The “cycle of abuse” is often continued from exposed children into their adult relationships and finally to the care of the elderly.

Domestic and family violence includes a range of abuse, including economic, physical, sexual, emotional, and psychological, toward children, adults, and elders. Domestic violence causes worsened psychological and physical health, decreased quality of life, decreased productivity, and in some cases, mortality.

What is a protection order ?

It is an order issued by a court at your request, ordering a person with whom you have or had a domestic relationship, to stop the abuse. It may also prevent the person from getting help from any other person to commit such acts. An interim protection order can also be issued at any time of the day or night for your protection.

You have the right to –

  • apply for a protection order at the nearest police station or
  • magistrate’s court; or
  • lay a criminal charge at the police station and apply for a protection order.

Who can apply for a protection order?

  • Any victim of domestic violence. Children, and if they are too young, a parent or guardian, or any person acting on behalf of someone who is responsible for them, but with their permission. A police official.

What can I do if an abuser disobeys a protection order?

  • Phone the South African Police Service. Thereafter a statement will be taken from you. Provide the police with the warrant of arrest you received together with the protection order (if you have lost it, apply at the court for another one). If you are in immediate danger the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day.
  • Have a crisis plan ready
  • Identify places where you can use a telephone quickly and easily.
  •  Always carry a list of emergency numbers with you.
  • Make sure that the people you usually visit, have a copy of the protection order and/or warrant of arrest.
  • Put some money in a safe place so that you can take a taxi or bus in case of an emergency. Make sure that you are in possession of essential documents like IDs, your medical aid card, and your savings/credit card.

If you require further assistance in respect of a domestic violence protection order, you may contact our offices and a legal representative will gladly assist you.

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