Domestic violence case law South Africa
In all the years of dealing with the legalities of domestic violent situations, we have to find women and children to be the most vulnerable.
It is by far, no coincidence that South Africa peaks the highest when it comes to domestic violence. Sadly.
As we are aware of this, we encourage women to come forward and reassert their voice. Not only do we strive to educate women about their legal rights and position in society; but we aim to deliver professional legal services.
Fortunately, we have made our website easily accessible when it comes to obtaining free, expert legal advice in a family legal matters. See our home page on: I am in a physically abusive relationship. Help from Abuse – you may find this scenario helpful.
Find out how to make a domestic violence application in which we explain how to go about obtaining protection orders and interdicts.
Do you know personally know of a child that may be in an unstable home with an abusive parent?
According to the law, this is an utter violation of a child’s right to a safe environment. Our family legal expert clearly explains this as follows:
Section 18 of the children’s act 38 of 38 2005 states the following:
(1) A person may have either full or specific parental responsibilities or rights in respect of a child.
(2) The parental responsibilities and rights that a person may have in respect of a Child, include the responsibility and the right-
(a) To care for the child;
(b) To maintain contact with the child;
(c) To act as guardian of the child; and
(d) To contribute to the maintenance of the child
(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must
(a) Administer and safeguard the child’s property and property interests;
(b) Assist or represent the child in administrative, contractual and other legal Matters; or
(c) Give or refuse any consent required by law in respect of the child, including-
(I) consent to the child marriage
(ii) Consent to the child adoption;
(iii) Consent to the child departure or removal from the Republic;
(iv) Consent to the child application for a passport; and
(v) Consent to the alienation or encumbrance of any immovable property of the child.
(4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship.
For more out more about The Law Regarding Children – The Children’s Act 38 of 2005, don’t hesitate to call our law offices on 021 424 3487 for an online appointment today!
Domestic Violence Act
The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life. The Act highlights that domestic violence is a serious offense and should be taken serious.
Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Perpetrators can also face imprisonment as the Act recognizes domestic violence is a serious crime.
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The process – defending Protection Order in South Africa
First of all, a Protection Order or harassment order serves as a direct order from court which should be adhered to. Any violation of a court’s instruction can be legally detrimental. The court order granted, will only be suitable to the person suffering any form of violence or harassment.
A Protection Order is mainly applicable in cases of domestic violence in which the perpetrator lives with the victim. In a case of harassment, the perpetrator is not living with the victim. This is where a harassment order comes in.
The idea of the Order is to ensure that the violence/abuse do not recur and put a stop into it by restraining the offender doing the abuse or committing the violent acts.
Below are brief steps outlined on how to go about obtaining a Protection Order at your local police station:
- An affidavit must be made and an application form must be filled out. The application form can also be obtained online .
- If you have a witness or confidante that knows about your abuse case, then you may want to take that person with you when obtaining a protection order.
- The Court will then assess the application and will determine whether an Order is required.
- Once the Court approves, only then will the Order have effect on the offender. Should the offender fail to adhere to the Order, the offender will be arrested.
Visit our domestic violence application page and see more on obtaining a Protection Order.
Do you fear for your life? Make an online appointment with us today and have your legal rights asserted!