“The effects of abuse are devastating and far-reaching. Domestic violence speaks many languages, has many colours and lives in many different communities.”
Sandra Pupatello
The word violence brings to mind a picture of behaviour that is forceful, aggressive and ferocious, leaving behind noticeable, physical scars. Yet, domestic violence is often a very, cunning occurrence leaving in its path concealed emotional and psychological scars.
Domestic violence knows no boundaries. It is a subtle disease spreading sophisticatedly in the midst of our most intimate settings such as our homes, relationships and families. Although domestic violence is very prevalent, the shame and guilt accompanying it, restrains it from being exposed.
Domestic violence is also referenced as, intimate terrorism or intimate partner violence.
The World Health Organisation defines intimate partner violence as “behaviour within an intimate relationship that causes physical, sexual or psychological harm, including acts of physical aggression, sexual coercion, psychological abuse and controlling behaviours. This definition covers violence by both current and former spouses and partners.”
What is commonly exhibited in abusive relationships, is the abuser’s aim to gain and maintain control over the victim.
In South Africa The Domestic Violence Act is the law that deals with domestic violence and it provides for a wide definition which includes the following:
- Physical Abuse;
- Sexual Abuse;
- Emotional, verbal and Phycological Abuse;
- Economic Abuse;
- Intimidation;
- Harassment;
- Stalking;
- Damage to Property;
- Entry into the complainant’s residence without consent, where the parties do not share the same residence; or
- Any other controlling or abusive behaviour towards the complainant.
The Act makes provision for the following remedy: A Protection order against the abuser.
The complainant needs to follow a two-fold process to obtain a final protection order. Initially, the complainant gives a written statement at court. Based on the original statement the Magistrate or Judge will decide whether or not to grant an interim protection order. It is important to note that the order has no effect until it was hand-delivered / served to the abuser, either by the Sheriff or the Police. After receipt of the interim order, the abuser may be arrested if the protection order is disobeyed.
It is key to take heed that the initial statement by the complainant must be as truthful and factually correct as possible as this will be the foundation of the complainant’s case. Should the court find that the complainant was vexatious, a cost order may be granted against the complainant.
The second step is as follows. The interim order will make provision for a return date on which the victim and the abuser must appear in court. Both parties will be granted the opportunity to state their cases. If the complainant is absent on the date of the court appearance the protection order will lapse.
Should the court find the complainant in need of protection the order will be made final. The order will contain the specific behaviour that the abuser has to refrain from. Should there be any breach of the interim or final order the police may arrest the abuser.
Although the two-fold the process is fairly simple it can become a very lengthy, expensive and emotionally draining battle. Therefor it is important to ensure to approach the court with relevant matters where there is no other way to deal with the situation than seeking legal protection.
Since family law dilemmas are often very emotional, intertwined with social and psychological issues it is necessary to state that apart from seeking legal recourse, the complainant may greatly benefit from proper counselling services. This will enable the complainant to deal with the abuser and the effects of the abuse in a proper manner. The arm of the law can not assist in every detail of unhealthy family and social relationships.
However, never remain as a victim in an unhealthy, unsafe domestic situation. Seek proper council and take the necessary action either seeking counselling, legal advice or both.
Compiled by Family Law Attorney & Mediator, Vilene Jacobs.