What is domestic violence?

Section 1 of the Domestic Violence Act No. 116 of 1998 defines domestic violence as:

  • any form of abuse which includes physical, sexual, emotional, psychological or economic harassment
  • damage to property
  • stalking
  • entry into a person’s property without their consent
  • any other abusive or controlling behavior where such as conduct causes harm or may cause harm to your health, safety, or well being

If you experience domestic violence you can apply for a protection order against your abuser at your nearest Magistrates Court, to prevent the abuser from continuing to commit acts of domestic violence against you.

If you know of someone who is a victim of the domestic violence you can also apply at Court for a protection order on their behalf.

In the event that the abuser contravenes the terms of the protection order and commits an act of domestic violence against you, the abuser can be arrested and brought before Court for defying the protection order.

If the abuser is found guilty of violating the protection order, the Court may impose a fine or imprisonment for a period not exceeding five years, or both.

Rosa van Niekerk Attorneys condemns any form of domestic violence committed against any gender, our office can assist you to apply for a protection order and proceed with further legal steps if the application for a protection order is opposed.

Mrs Rosa van Niekerk is a director of Project Rage an NPO which aims to break the cycle of domestic violence by encouraging women to rise and take responsibility to protect themselves and their loved ones.

Project Rage also creates a platform for all genders to engage and help implement solutions that will help end gender based violence against women in our communities.

Article written by: Nthabiseng Sefudi Attorney

Rosa van Niekerk Attorneys
Tel: 010 110 9500