Domestic violence and
protection orders

Domestic violence and protection orders

Domestic violence is a scourge on our society, with our country having one of the highest rates of domestic violence in the world. If you are the victim of domestic violence, let us at Geniv Wulz Attorneys help you to get an interim restraining order ex parte, as expeditiously as possible.

The New Domestic Violence Amendment Act 14 of 2021

Domestic violence is regulated by the New Domestic Violence Amendment Act 14 of 2021 and is an amendment to the Domestic Violence Act 116 of 1998. The New Domestic Violence Amendment Act, defines domestic violence as conduct by a respondent towards a complainant, which includes:

• Physical abuse;
• emotional verbal and/or psychological abuse;
• economic abuse;
• intimidation;
• harassment;
• stalking;
• Unauthorised entry into property;
• Other forms of controlling or abusive behaviour, which includes the inflicting of harm or any imminent threat to the safety, well-being or health of a victim;
• sexual harassment;
• related person abuse;
• spiritual abuse;
• damage to property;
• elder abuse;
• coercive behaviour;
• controlling behaviour;
• the exposure of children to domestic violence; and
• the unauthorised entry into the residence or workplace of the victim

The protection order

A protection order is sometimes referred to as a domestic violence interdict. It is a court order that instructs the abuser to stop all abuse, and that sets out conditions that prevent the abuser from continuing to abuse or harass the victim. Included therein, may also be the condition that the abuser continues to pay rent or interim maintenance. The order can also ensure that the abuser is prevented from getting help from any other party to commit acts of domestic violence directly or indirectly.

In addition to a protection order, a victim of abuse has the right to bring a criminal charge against the abuser. Where applicable a court order may be obtained to have the abuser’s gun taken away.

Who may apply for protection?

Anyone who is or was, the victim of domestic violence may apply for a protection order if the victim is or was in a domestic relationship with the perpetrator of the violence. They will be deemed to have, or have had a domestic relationship, if:

1. They are or were married to each other;
2. they live or have lived together in a relationship similar to a marriage;
3. the respondent believes that there is or was a relationship with the complainant even if the complainant does not or did not believe so. It will be enough for the courts to grant a protection order if the respondent conducts himself or herself in a manner that presumes that a relationship exists between them;
4. they are both the parents of a child;
5. they are family members that are related either by blood, adoption or affinity. They must be part of the same household living under one roof under one head;
6. the respondent is a blood relative of the complainant’s partner or ex-partner by marriage (e.g. in laws);
7. they are or were, dating, engaged, or in a customary relationship. This would include a real or perceived relationship of a romantic intimate or sexual nature, regardless of how long it lasted;
8. they live or lived in the same residence.

The Domestic Violence Act provides that a minor or someone acting on behalf of a minor can apply for a protection order. The consent of the parents or guardian of the minor would not be required in such a case. Furthermore, if a child is in the complainant’s care, the child will be included in the protection order as a complainant.

The interim protection order

An interim protection order will first be granted by the magistrate, which will provide immediate relief to the complainant. The respondent is given a date to appear in court to provide reasons why the interim order should not be made final. The interim protection order is granted ex parte, meaning in the absence of the respondent.

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