Things to do to fight domestic violence

Domestic violence is an ugly scourge that continues to plague many households in South Africa.

Breaking the silence on domestic violence is what numerous organisations including the police advocate for, with the purpose of rescuing the victim or charging the perpetrator of this crime.

The Honeydew Police Social Crime Prevention Unit, led by Sector 3 manager Captain Karen Jacobs, is doing all in its power to sensitise the residents about the types of abuse, whether at events or in schools.

Jacobs recently provided information to break down the different types of domestic violence, and what a victim can do to find help.

Firstly, a domestic relationship refers to a relationship between the complainant (victim) and the respondent (perpetrator of domestic relationship) where they are —

• married to each other in terms of any law, custom or religion

• live or have lived together in a relationship as husband and wife (whether they are of the same or of the opposite sex)

• the parents of a child and share parental responsibility for the child (whether or not at the same time)

• family members related by marriage, blood or adoption

• or were engaged to each other, dating, or in customary relation, including actual or perceived romantic, intimate or sexual relationship of any duration

• sharing or recently shared the same residence

She broke down the different types of domestic violence:

Domestic violence includes:

• physical abuse (i.e. slapping, biting, kicking, assault and threats to cause physical harm)

• emotional, verbal and psychological abuse (i.e. insults, name-calling, humiliation, invasion of privacy )

• sexual abuse (i.e. forcing a person to have sex against his or her will, and sexual assault)

• economic abuse (i.e. withholding money to which the victim is legally entitled in an unreasonable manner)

• stalking (i.e. repeatedly following of victims or approaching them and demanding to talk to them)

• damage to property and unauthorised entry (i.e. trespassing and breaking into the ex-partner’s property without consent)

• intimidation and harassment ( i.e. written or verbal death threats which induce fear, and repeated unwanted calls and loitering around someone’s property)

Jacobs shared options for victims of domestic abuse:

You have the right to —

• lay a criminal charge, if the conduct of the perpetrator constitutes an offence

• apply for a protection order at the nearest magistrates’ court

• lay criminal charges and apply for a protection order

(Laying a criminal charge is not a requirement for applying for a protection order.)

What is a protection order?

It is an order issued by a magistrate upon the application of the victim, which —

• compels the perpetrator of domestic violence to act in a certain manner ( i.e. pay rent);

• prohibits the perpetrator of domestic violence from committing certain conduct (i.e. may not assault or contact the victim);

• may also help to prevent the perpetrator from getting help from another person to commit such acts

Who can apply for a protection order?

• A victim of domestic violence, including a child

• With the consent of the victim, a health service provider, police official, social worker or teacher

What happens if the perpetrator disobeys a protection order?

Jacobs advised that you phone the police and an affidavit will be taken from you; or hand over the warrant of arrest to the police indicating that it was received with the protection order; “… and if you are in danger of imminent harm as a result of the contravention, the perpetrator will be arrested,” she said. However, if you’re not in danger, Jacobs said the perpetrator may not be arrested, but will be notified by means of a Form 11 (summoning court form) to appear in court the following day.