The Domestic Violence Act (116 of 1998) came into force in 1999 with the main purpose of providing protection to victims of domestic abuse in South Africa.
What is Domestic Violence?
Domestic violence is an on-going pattern of controlling or abusive behaviour that occurs in the context of a social/domestic relationship between the victim and perpetrator.
The conduct of the perpetrator must harm or cause imminent harm to the safety, health or well-being of the victim.
The various forms of domestic violence
Domestic violence may take the form of:
- physical abuse;
- emotional, verbal, psychological abuse;
- sexual abuse; or
- financial abuse.
And includes:
- intimidation;
- harassment;
- stalking;
- damage to property;
- entry into the residence of a victim without consent where parties do not share the same residence; or
- any other controlling or abusive behaviour towards a complainant.
A domestic relationship
A domestic relationship includes a relationship between a victim and perpetrator in one of the following ways:
- A married, separated, divorced couple;
- Unmarried couples who live together (of the same or opposite sex) whether or not married to each other;
- Couples who are dating or engaged, including persons who are involved in an actual or perceived romantic, intimate or sexual relationship of any duration;
- Parents of a child who have or had parental responsibility in respect of that child;
- Family members: blood relatives or related by consanguinity (common ancestor), affinity (related by law such as in-laws) or adoption and who are living together in the same household; or
- People who share or have recently shared a residence.
The domestic relationship does not only have to be social, there can also be financial or familial tie between the victim and perpetrator.
If you are a victim of domestic violence or assisting a victim and require the urgent services of an attorney, contact us.