In terms of Section 1 of the Domestic Violence Act 116 of 1998, domestic
violence means physical abuse, sexual abuse, emotional abuse, economic abuse,
intimidation, harassment, stalking, damage to property, entry into the
complainant’s residence without consent where the parties do not share the same
residence, or any other controlling or abusive behaviour towards a complainant,
where such conduct harms, or may cause imminent harm to the safety, health or
wellbeing of the complainant.
In this instance, the Act defines economic abuse as “the unreasonable
deprivation of economic or financial resources” to which a complainant is
entitled under Law or complainant requires out of necessity, this includes
household necessities which the complainant is entitled under law (marriage) or
which the complainant requires out of necessity, including household necessities
for the complainant, and mortgage bond repayments or payment of rent in respect
of the shared residence.
This Act defines emotional, verbal and psychological abuse as a pattern of
degrading or humiliating conduct towards complainant, including repeated
insults, ridiculing or name calling, repeated threats to cause emotional pain,
or the repeated exhibition of obsessive possessiveness or jealousy, which is
such as to constitute a serious invasion of the complainant’s privacy, liberty,
integrity or security.
Basically a protection order prevents your spouse from committing any act
of domestic violence, enlisting the help of another person to commit any such
act, entering a residence shared by the complainant and the respondent,
provided that the Court may impose this prohibition only if it appears to be in
the best interest of the complainant, entering a specified part of such a
shared residence, preventing the complainant who ordinarily lives or lived in a
shared residence as contemplated in sub paragraph (c) from entering or
remaining in the shared residence, committing any other act as specified in the
protection order.
Therefore your spouse is not allowed to contravene any of the conditions
listed in the protection order until death do you part or until the court order
is set aside. Failure to comply with the
protection order will result in a criminal case against your spouse and if
found guilty by the Court of Law, he/she will have a criminal record.
Reference List:
Domestic Violence
Act 116 of 1998