Be aware of procedures when reporting domestic violence – SAPS
Hillcrest SAPS communications officer, Capt Linzi Smith said domestic violence is an offence and correct procedures should be followed.
HILLCREST police have urged victims of domestic violence to report any form of abuse and have shared vital information on the procedures and processes involved.
According to the station’s communications officer, Capt Linzi Smith, domestic violence is an offence and the provisions of the Domestic Violence Act 116 of 1998 have reference.
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She stated that if a policeman attends a case of domestic violence, “the officer must render assistance to the complainant as is required, including making arrangements for the complainant to find suitable shelter, perhaps with a family member or other, and if necessary to obtain medical treatment for the complainant.”
Smith said the officer must inform the complainant of the provisions of the act including the remedies at the complainant’s disposal and her/his right to lodge a criminal complaint if applicable.
“If in attending the complaint a policeman determines that the respondent has committed an offence containing an element of violence against the complainant then the officer may arrest the respondent forthwith without a warrant of arrest. We are talking here of obvious signs of a severe beating, assault GBH or assault with a weapon etc.
“The complainant should be told that in the prescribed manner an application can be made to the court for a protection order. The court will advise the complainant as to the procedure for obtaining a protection order and the implications thereof,” explained Smith.
She added that when a court issues a protection order, the court must also make an order authorising the issue of a warrant for the arrest of the respondent.
“This warrant of arrest will be suspended as long as the respondent complies with any prohibition, condition, obligation or order imposed in terms of Section 7 of the Act. The warrant will remain in force until the protection order is set aside or cancelled,” said Smith.
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