Protection against domestic violence – what victims needs to know

There has been an increase in domestic violence related cases reported to the Edenvale SAPS in recent months.

Domestic violence is often thought to include only physical violence, but the conduct that constitutes domestic violence varies in nature and frequency.

“The Domestic Violence Act of 1998 has regulated the procedure to be followed in the cases of domestic violence, and affords legal remedies to victims,” said head of Edenvale SAPS’ social crime prevention unit, Sergeant Ulandi Mouton.

Domestic violence occurs between people who are in a domestic relationship.

“A domestic relationship refers to a relationship between the victim and the perpetrator,” said Sgt Mouton.

This relationship could mean the victim and perpetrator are, or were, married in terms of any law, custom or religion.

“It could also mean the victim and perpetrator live together in a relationship as husband and wife, whether they are of the same or opposite sex,” said Sgt Mouton.

She added that other forms of a domestic relationship include when the victim and perpetrator have shared parental responsibility for a child, when they are related by marriage, blood or adoption, when they are or were engaged, dating or in a customary relationship including an actual or perceived romantic, intimate or sexual relationship of any duration.

“A domestic relationship also implies that the victim and perpetrator share, or recently shared, the same residence,” said Sgt Mouton.

Domestic violence includes sexual abuse, physical abuse or assault, damage to property or anything you value, and stalking.

“Another form of abuse which falls under domestic violence is economic abuse. This means the perpetrator keeps money to which the victim is legally entitled to by refusing to pay or share the rent or mortgage bond for the home which is shared,” said Sgt Mouton.

In short, domestic violence is any controlling or abusive behaviour which poses a threat to the safety, health and well-being of the victim.

“Anyone who feels they are being abused has the right to apply for a protection order at the nearest police station or magistrate’s court. Alternatively, the victim can also lay a criminal charge against the perpetrator at the police station in conjunction with their application for a protection order,” said Sgt Mouton.

A protection order is issued by a court at the victim’s request and orders a person with whom the victim has, or had, a domestic relationship, to stop any form of abuse.

“It may also prevent the person from getting help from any other person to commit such acts. An interim protection order can also be issued at any time of the day or night for the victim’s protection,” said Sgt Mouton.

Any victim of domestic violence can apply for a projection order.

“Children can also apply for a protection order. If they are too young, a parent or guardian, or any person acting on behalf of the child can apply for the protection order with their permission. Any police official can also apply for a protection order on behalf of a victim,” said Sgt Mouton.

She added that the SAPS is committed to treating all victims of domestic violence with sensitivity and care.

“As police officials, we undertake to treat all victims with respect,” said Sgt Mouton.

Officers must protect the dignity of all domestic violence victims.

Other responsibilities police officers have towards victims of domestic violence include listening to what victims have to say, not blaming victims, assisting with care and informing victims of their rights.

“To ensure that proper procedure has been followed, victims are asked to sign an Occurrence Book at the police station,” said Sgt Mouton.

Police officer will then provide victims with a notice in a language they understand, and explain how they should proceed.

SAPS members should make an effort to find someone to speak to the victim in the language of his or her choice.

“The victim’s statement should be taken in privacy and not in the presence of the abuser or the public,” said Sgt Mouton.

On the basis of the statement given by the victim, the police officer will then decide whether to arrest the abuser.

A decision will also be taken on whether any weapons need to be removed from the abuser’s possession.

“An officer will then serve a protection order on the abuser as directed by the court,” said Sgt Mouton.

A copy of each protection order is kept on record at the police station.

“Victims are also asked to note their complaints in the Incident Register at the station as further proof that the matter was reported,” she said.

“We will, where possible, help victims gain access to medical attention, shelter and victim counselling,” said Sgt Mouton.

Officers should also inform victims of support services available in the area, such as alternative shelters and counselling services.

“We will ensure that a medical officer collects and records any medical evidence in support of a criminal charge and we will go with you to your home when you need to collect personal belongings, if this is provided for in a protection order that has been issued,” said Sgt Mouton.

Should a police officer fail to carry out this commitment, the victims can report the matter to the station commissioner at the relevant police station.

The complaint will be noted in a complaints register, stating the name of the member concerned, the date on which the complaint was lodged, and the details of the complaint.

The station commissioner will take disciplinary steps against the member involved.

“If an abuser disobeys a protection order, the victims should call their nearest police station immediately,” said Sgt Mouton.

A statement will be taken and the victim will be asked to provide the responding officer with the warrant of arrest issued together with the protection order.

“If you are in immediate danger, the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day,” said Sgt Mouton.

Domestic Violence victims are asked to always have a crisis plan ready.

“Victims should identify places where they can use a telephone quickly and easily. They should always carry a list of emergency numbers and make sure that the people they usually visit have a copy of the protection order and warrant of arrest,” said Sgt Mouton.

A crisis plan should also include money placed away safely to be used if transport is needed.

“Victims should, where possible, have an extra set of keys for the house or car and have a set of clothes for themselves and their children packed in a bag and kept in a safe place. Victims who plan to leave an abusive situation should do so when the abuser is not around. When leaving, victims should make sure they have essential documentation with them such as identity documents, medical aid cards and bank card,” said Sgt Mouton.

Sergeant Mduduzi Nhlabathi, the communications officer for the Bedfordview SAPS said, “Domestic violence in the Bedfordview area has subsided and I think this is partially due to the initiatives and support programmes that have been put in place recently. Casting a light on domestic violence also spreads awareness, resulting in perpetrators thinking twice before committing such an act.”

“The Ride for a Purpose initiative is a positive event for us as police officials and it shows we are not alone in combating crime and making our area a better place. Sometimes we as police officers are not enough and cannot reach every corner of society, so it is a helpful to see people making a difference. We discourage any form of domestic violence, whether it is against men, women or children,” he added.

“We have joined hands with initiatives like the Ride for a Purpose and have domestic violence programmes that were initiated at national level. We need to talk about domestic violence continuously because the less we talk about it, the bigger the problem becomes,” said Sgt Nhlabathi.

Useful contact numbers:

SAPS – 10 111

SAPS Crime Stop – 08600 10111

Gender Violence Helpline – 0800 150 150

Childline – 0800 055 555