DOMESTIC VIOLENCE IN TERMS OF THE DOMESTIC VIOLENCE ACT

Domestic violence in terms of domestic violence act

By Shelton Mahandana

 

In terms of Domestic Violence Act 116 of 1998, Domestic Violence means any unlawful act, omission or behavior which results in death or the direct infliction of physical, sexual, or mental injury to any complainant by a respondent and includes the following.

  • Physical abuse
  • Sexual abuse
  • Emotional, verbal, and psychological abuse
  • Economic abuse
  • Intimidation
  • Harassment
  • Stalking
  • Malicious damage to property
  • Forcible entry into the complainant’s residence where the parties do not share the same residence
  • Depriving the complainant from access to or a reasonable share of the use of the facilities associated with the complainant place of residence.
  • The unreasonable disposal of household effects or other property in which the complaint has an interest

If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order. A domestic violence protection order is a document issued by the court which prevents the abuser from.

  • Committing an act of act of domestic violence.
  • Enlisting the help of another person to commit any any such act.
  • Entering a residence shared by the complaint and the respondent.
  • Entering a specified part of such a shared residence.
  • Entering the complaint’s residence.
  • Entering the complainant who ordinarily lives or lived in a shared residence form entering or remaining in the shared residence or a specified part of the shared residence.

 

Should you require our assistance in applying for a protection order, please do not hesitate to contact our offices.

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