Starting at the beginning, what is domestic violence? If you have read our article covering this topic, you will know that having the right domestic violence lawyer on your side will make all the difference.
The Domestic Violence Act
In South Africa, the law is highly intolerant of domestic violence. However, the unfortunate truth is that oftentimes, domestic violence victims are the most vulnerable members of our society. Domestic violence is often kept secret and not reported. The most responsible action to take is to file a police report of the incident and book an appointment with a domestic violence lawyer.
The urgency in following these steps lies in domestic violence having a history of repeating itself and/or escalating to the point of severe if nothing is done to intervene.
In terms of the Domestic Violence Act 116 of 1998, Domestic Violence refers to any controlling or abusive behaviour towards a complainant where such conduct harms or may cause imminent harm to the safety, health or wellbeing of another. This includes but is not limited to…
- Damage to property;
- Stalking;
- Harassment;
- Intimidation;
- Economic, sexual, or physical abuse;
- Emotional, verbal or psychological abuse;
- Entry into the complainant’s residence without consent.
Contact A Domestic Violence Lawyer To Break the Cycle
Book time with an attorney to file for a Protection Order. A protection order, otherwise known as a domestic violence interdict, orders the accused to stop the abuse. Conditions are laid to prevent this. If the accuser breaches the protection order and the police are called to respond, the abuser will be apprehended.
Another instance whereby a lawyer may be needed is if the complainant lays a frivolous claim. If this happens, a reply must be filed and a domestic violence lawyer appointed. The alternative is the accused being arrested if the protection order is breached regardless of the accused’s innocence. This will need to be proven.
Tired Of Being A Victim Of Domestic Abuse? Reach Out To Our Domestic Violence Lawyers
Contact The Law Offices of Karen Olivier today. We are a top law firm in Durban with the experience to support you. We will ensure that one of our lawyers will assist with your case.