Domestic violence includes both a positive action as well as an omission. It is not only for the actions of the perpetrator which a protection order is sought but also for those responsibilities that the perpetrator ought to perform but fail to do. Economic abuse is the withholding or the threat of withholding economic and financial resources. That too is abuse and warrants a protection order.

Domestic violence is broad in that it covers real and threatened physical violence, emotional and psychological abuse as well as economic abuse upon those entitled to received economic support from those whom they depend on.

Those entitled to receive protection in terms of a protection order include married partners, unmarried partners, unmarried partners that may share a residence, partners that previously shared a residence, children, elderly family members and people who share or recently shared a residence.

The Domestic Violence Act 116 of 1998 (the Act, herein) recognized the scourge of domestic violence and thus seeks to address the rippling effect of this societal ill, particularly in the family life. In contrast to the exposed violence that take place in our communities, domestic violence and its effects are hidden and it is often a crime that goes unpunished.

The Act seeks to afford protection to victims of domestic abuse and to introduce measures which seek to ensure that relevant government departments give effect to spirit and purpose of this Act, through an affordable procedure that is pursed in the Magistrate’s Court and effected by the South African Police Services should the perpetrator breach the protection order.

In terms of the Act, domestic violence has been defined to include both an unlawful positive action and/or an omission by a perpetrator of domestic violence.

An example of a positive action could include: swearing at the victim, harassment, humiliating the victim, physical violence, stalking, destruction of property, stalking, intimidation, entering the victim’s residence or place of work without their permission.  

The most obvious example of an omission is economic abuse. Economic abuse includes the malicious withholding of financial resources and other means which the victim might require to sustain their livelihood. People who would be entitled to this sort of protection in the form of a protection order would include children, married partners, and partner and family members that financially depend on that person against whom the protection order is sought. The Act goes beyond the deprivation of economic and financial resources but also extends to the threat thereof. In other words, a mere threat to withhold the said resources warrants a protection order in terms of the Act.

If you are a victim of any of the above mentioned acts, there is legal recourse to be taken, to protect yourself and those you care for. The legal recourse is accessible, affordable and seeks to protect you and those you love.

Reference list:  Family Law Service, Schäfer, BUTTERWORTHS Domestic Violence Act 116 of 1998