Domestic Violence

​

As our country sadly has one of the highest incidences of domestic violence in the world, we at RBA Attorneys are here to help.

​

• The Domestic Violence Act 116 of 1998 gives us the necessary tools to help you out of any domestic violence situation you might be in. the main aim of this act is to provide people experiencing domestic violence with maximum protection of the law. This is done by creating legal consequences for domestic abuse and obliging law enforcement bodies such as the South African Police Service to protect victims. The Act also provides for the obtaining of protection orders by victims of domestic violence.

• This protection order can be obtained by men, women or children who might find themselves in a domestic violence situation. All the Act requires is that the victim be in a relationship with the abuser.

• The abuser can be anyone that you currently or previously live or lived with and that includes family members, intimate partners, and others.

• Domestic abuse can include:

• physical abuse;

• sexual abuse;

• emotional, verbal, and psychological abuse;

• economic abuse;

• intimidation;

• harassment;

• stalking;

• damage to property;

• entry into property without your consent;

• any other controlling or abusive behavior.

​

​

PROTECTION ORDER

​

It is also known as a restraining order or domestic violence interdict. It is a court order issued at the victim’s request ordering an abuser to stop the abuse. It can apply whether the abuser committed the abusive act themselves or if they got someone to help them commit such acts.

​

If the abuser disobeys a protection order, the Act makes it clear that the South African Police Service must come to the victim’s assistance. The police will arrest the abusers as he/she will be contravening a court order. RBA Attorneys can assist in getting a protection order for you.