DOMESTIC VIOLENCE - FAQ

Domestic violence is often thought to only include physical violence, but the acts, behaviour and consequences that make up domestic violence vary in nature and frequency. Domestic Violence is regulated by the Domestic Violence Act. This Act applies to violence that takes place in a domestic relationship.

WHAT IS A DOMESTIC RELATIONSHIP?
You can have a domestic relationship with - someone you are or were married to; your parents or guardian; any family member(s); including your own child(ren); anyone you have lived with, whether you were married to that person or not; your life partner of the same sex; someone you went out with, even for a short time, or had sex with; or someone with whom you share a child.

WHAT IS DOMESTIC VIOLENCE?
The following can be regarded as domestic violence:

SEXUAL ABUSE:
Whether you are married to the other person or not.

PHYSICAL ABUSE OR ASSAULT:
For example, slapping, biting, kicking, and threats of physical violence.

DAMAGE TO PROPERTY:
O r anything you value.

STALKING:
When the other person follows or approaches you or your children repeatedly.

ECONOMIC ABUSE:
When the other person keeps money from you to which you are legally entitled in an unreasonable manner by refusing to pay or share the rent or mortgage bond for the home you share; or disposing of any property (household goods) in which you have interest, without your permission.

EMOTIONAL ABUSE:
That is, degrading or humiliating behaviour, including repeated insults, belittling, cursing and threats

ANY OTHER CONTROLLING OR ABUSIVE BEHAVIOR:
Which poses a threat to your safety, health or well-being.

WHAT ARE MY OPTIONS IF I AM BEING ABUSED?
You have the right to:
* Apply for a protection order at the nearest police station or magistrate's court; or
* Lay a criminal charge at the police station and apply for a protection order.

WHAT IS A PROTECTION ORDER?
It is an order issued by a court at your request, ordering a person with whom you have or had a domestic relationship, or any other person assisting such person, to stop the abuse. An interim protection order can also be issued at any time of the day or night for your protection.

WHO CAN APPLY FOR A PROTECTION ORDER?
Any victim of domestic violence. Children, and if they are too young, a parent or guardian, or any person acting on behalf of someone who is responsible for them, but with their permission.

COMMITMENT OF THE SAPS:
It is the commitment of the SAPS to treat victims of domestic violence with sensitivity and care. The SAPS's responsibility is as follows:
* At the scene of the incident the SAPS must locate the complainant and take reasonable steps to protect the complainant from any further danger.
* Create an environment that is conducive to communicate.
* Obtain statements from the complainant and witness(es). 
* If there is reason to believe that an act of violence has been committed, the respondent must be arrested immediately without a warrant.
* Search the premises and seize (for safekeeping) any firearms and/or dangerous weapons in the possession of the person who has either threatened to kill or injure another person
* The SAPS will also do this if they are satisfied that the offender’s mental state, inclination towards violence and/or dependence on alcohol or drugs could influence his/her behaviour and pose a threat to anyone.

WHAT OTHER ASSISTANCE WILL THE SAPS PROVIDE?
* Medical attention;
* Shelter
* Victim counselling.
* Ensure that a medical officer collects and records any medical evidence in support of a criminal charge.
* Go with you to your home when you need to collect personal belongings, if this is provided for in a protection order that has been issued.

Should a police officer fail to carry out this commitment, you can report the matter to the station commissioner at the relevant police station. The complaint will be noted in a complaints register, stating the name of the member concerned, the date on which the complaint is lodged, and the details of the complaint.
The station commissioner will take disciplinary steps against the member involved. The Police Service will also refer the complaint to the Independent Complaints Directorate (ICD) for their recommendations. If you are not satisfied with the way in which a station commissioner is dealing with your complaint, you may personally report the matter to the ICD. We will send monthly reports of your complaint(s) against police members to the SAPS Head Office.

WHAT CAN I DO IF AN ABUSER DISOBEYS A PROTECTION ORDER?
Phone the South African Police Service. Thereafter a statement will be taken from you. Provide the police with the warrant of arrest you received together with the protection order (if you have lost it, apply at the court for another one). If you are in immediate danger the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day.