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Protection order: Not just physical abuse
23 October 2017
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We are often advised by friends, colleagues, family or even professionals to open a protection order when a partner or a family member violates us physically. While this is great advice, one must also be aware that domestic violence is not only limited to acts of physical violence.
Domestic violence comes in various forms as recognised by the Domestic Violence Act. These acts include physical abuse; sexual abuse; economic abuse; emotional, verbal, and psychological abuse. Acts of domestic violence extend to intimidation; making of threats; harassment; damage to property; stalking; entering a complainant’s residence, place of work, or place of study and any other abusive behaviours towards the complainant.
For example, if a partner to a marriage deprives or threatens to deprive the other partner of any or all financial support to which the other partner is entitled, such conduct constitutes an act of domestic violence and as such, the abused partner in this situation may apply for a protection order.
If you are subject to name calling; repeated insults; conduct which induces fear of harm in you; or even when the abuser keeps contacting you against your wish, all these acts constitute domestic violence and a protection order may also be open in this situation.
You will notice common thread with regard to the acts mentioned above and that is, their aim is to cause harm to the complainant’s safety, health and wellbeing.
Ultimately, the aim of the protection order is to prohibit the perpetrator from further committing acts of domestic violence. If you are on the receiving end of any of the conduct recognised as domestic -violence, be it by a partner, perhaps a family member or even a person whom you share a residence, you have got the legal tool to protect yourself by applying for a protection order.
Reference list:
DOMESTIC VIOLENCE ACT 116 OF 1998.
HEATON, J. SOUTH AFRICAN FAMILY LAW 3RD EDITION. LEXIS NEXIS
LEXIS NEXIS ELECTRONIC LIBRARY - FAMILY LAW.
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