16 Days of Activism: Frequently asked questions about abuse

What is a protection order?

A restraining order or a protection order is an order used by the court to protect a person, business, company and the general public in a situation involving domestic violence, harassment, stalking or sexual assault.

Who can apply for a protection order?

Any person or complainant who is a victim of an act of domestic violence may apply to court for a protection order.

The application may be heard in private and the complainant/respondent may be allowed to bring to court not more than three people for the purpose of providing support.

Does a protection order expire and for how long is it valid?

Once a protection has been granted it never expires and it is valid for a lifetime, however, it is important to note that in a court of law it is the magistrate’s final decision as to whether a protection order may be set aside.

What must I do in case I find myself in a violent situation at night?

Find the police station nearest to you for assistance.

Police stations have Victim Empowerment Centres, where the victims of violence are assisted.

If the police station is far use the emergency numbers.

Violence also takes place during the day and anyone at risk can get assistance from a Victim Empowerment Centre at a police station.

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What will happen to my children if I run for safety and leave them behind?

Depending on how safe the children are when left behind, the SAPS will be of assistance in reuniting the children with their mother.

Would I be able to go to work and my children to school if I get to a place of safety?

Employed women go to work as expected.

Their children are placed in local schools if necessary and they are transported to and from school on a daily basis.

How long will I be sheltered for and is there a fee payable to be in a shelter?

The shelter is a place of safety.

The minimum stay is three months and no fees are charged hence every person who is at risk gets assisted even if they are unemployed.

Can there be rape in a marriage?

Yes, it is called a spousal rape.

It happens when one spouse does not consent to having sex and the other spouse/partner forces themselves on the spouse.

This kind of abuse must be reported to the police.

The victim must receive counselling in the process.

Which important documents must I take with me when I leave the abusive relationship?

Make sure all your documents are kept in a file at all times.

In the case of an emergency you can grab that file and run.

Some of the documents in that file must be your ID, children’s birth certificates and their school reports to name a few.

What if I do not want to open a case against the perpetrator?

The victim of domestic violence will be empowered with information and it is up to her if she opens a case or not after receiving the information.

For more information, call the Amcare helpline on 065 811 7266 or email to socialworkservices@amcare.org.za.

Have a story?

Contact the newsroom by emailing: Melissa Hart (Editor) germistoncitynews@caxton.co.za, Leigh Hodgson (News Editor) leighh@caxton.co.za or Ashley Kiley (Journalist) ashleyk@caxton.co.za.

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