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Domestic Violence Lawyers in Cape Town

Domestic Violence Lawyers in Cape Town

We are Domestic violence lawyers we assist with domestic violence cases in Cape Town, we can help, just Call 072 604 5324 for All hours assistance

We can assist you in obtaining a domestic violence court order for yourself, or in the opposition of such an order should you require such assistance. We also defend clients at court who have been charged with domestic violence cases and client who face domestic violence charges.

Kindly call us at the abovementioned emergency number for assistance.

"call our domestic violence lawyers on 072 604 5324 "

Domestic Violence Applications in Court

Has your domestic violence case already appeared in court, or have the police served you with domestic violence papers to appear in court? Our domestic violence attorneys will assist you with the application. We assist with the entire process of domestic violence applications. We help you to apply for domestic violence court orders. We also assist you to oppose such an application should you desite such a service. All domestic violence cases are covered. We assist criminal charges on domestic violence and help you to get bail on such charges.

In order to be assisted by a domestic violence attorney, kindly contact us at the above number and let our attorneys take it further on your behalf.

Domestic Violence Interdicts and protection orders

Domestic violence is a huge problem in our society today. Many people suffering from any form of domestic abuse either don’t know that they can get help or they don’t know how to get help. In addition the process whereby a person can get a protection order for domestic violence is not user friendly, and people often wait for hours in long lines in courts to get one. Its true that one can get a protection order by yourself but there are important considerations that the man/woman in the street will not know, and this may very well mean the difference between getting an interim protection order and not getting one.

Even though the Department of Justice makes available the relevant forms for people to fill out when applying for a protection order, many people don’t know what to say in these forms or how to phrase it. The space provided in the forms are often too small and this results in people leaving many important details out. In addition their rights are not always properly explained to them, and people often don’t realise that applying for an interim protection order entails a hearing before the Magistrate and that in this hearing the Magistrate must be convinced that there is a pressing need to grant you protection in the form of an interim order. As most people don’t know this, they don’t always present a compelling case before the magistrate and this ends up in an interim order not being granted immediately. This is why when applying for a domestic violence protection order, consider using a legal representative in making the application for a protection order and have your legal representative accompany you to court for your hearing. In addition if the other side is legally represented it is even more reason to get legal representation.

The legislation that gives you protection from domestic violence

The Domestic Violence Act 116 of 1998(DVA) is the law that deals with domestic violence and allows someone who is experience domestic violence to apply for protection from this abuse by way of a domestic violence protection order or interdict.

How does the Domestic Violence Act protect you?

It allows you to get a protection order against anyone with whom you are in a domestic relationship with, if that person is committing an act of domestic violence against you. This protection comes in the form of a protection order(interim and final), granted by the Court, against an abuser. This is an extremely powerful interdict, which allows the abuser to be arrested if he/she transgresses any terms of the interdict. This interdict remains valid until it is cancelled by the Court. This interdict will lust terms and conditions that the abuser may or maynot do. Transgression of any of these terms empowers the holder of the interdict to have the abuser arrested.

What is a domestic relationship? According to the Domestic Violence Act

  1. You must either be living with or have lived with a person in an intimate relationship, such as a boyfriend/girlfriend, husband/wife. Same sex relationship also count as domestic relationships.

  2. You must be in an intimate relationship with a person but not living with them

  3. Members of your family or the family of your partner/husband will also count as domestic relationships

  4. If you are sharing responsibilities with anyone to bring up a child, you are in a domestic relationship with that person

  5. Anyone who thinks that they are in an intimate relationship with you.

Who is an abuser?

This is anyone who is committing an act of domestic violence and who is in a domestic relationship with you. This person can be male or female.

What is defined as domestic violence?

  1. Physical abuse- slapping, kicking, punching, pushing, scratching, stabbing, burning or shooting are examples of physical abuse

  2. Sexual abuse- rape and/or sexual assault. This can include inappropriate touching.

  3. Emotional Abuse- shouting, calling you names, saying things that are harmful to your dignity and character, threats, blackmail

  4. Psychological abuse- This is similar to emotional abuse, but the effects are damaging to your mental state of mind and mental well being

  5. Verbal Abuse- swearing, name calling, shouting

  6. Economic Abuse- This is when the abuser uses money or their financial standing to get you to submit to their wishes. They threaten to cut off any financial support to you unless you do what they want.

  7. Intimidation-bullying, threats, scare tactics to you or your friends and family

  8. Harrassment- this is any behaviour that is considered unwanted by you, such as message sending, by phone or by email or on any social media platform, stalking, phone calls, following you, and pitching up at the same places you are.

  9. Damage to property- breaking, throwing, burning, destroying any of your movable or immovable property

Who can apply for a domestic violence interdict

Anyone who is in a domestic relationship and who experiences any one or more of the above forms of domestic violence may apply for a domestic violence interdict.

Children can also apply for domestic violence interdicts.

Anyone else who has a material interest in you, or is concerned about you can also apply on your behalf. However this person must have your written permission to apply on your behalf.

What kind of terms can a Court impose in a domestic violence interdict against an abuser?

  1. That the abuser may not enter your place of residence. This can be the case even if you share a place of residence with the abuser.

  2. That the abuser may not enter your place of work

  3. That the abuser may not commit any act of domestic violence against you

  4. That the abuser may not use anyone else to commit any act of domestic violence against you

Can you use the domestic violence to protect other people?

Yes. You can name the people you would like to also receive protection from the abuser, such as your children, parents, friends, or other relatives.

What happens if the abuser does not obey the terms of the domestic violence interdict?

You must report this to the police. The police will ask you to make an affidavit as to how the abuser did not obey the domestic violence interdict.

The police will use the suspended warrant of arrest that comes with an interim or final interdict to arrest the abuser. But the police will only do this if they believe that the violation of the domestic violence interdict is serious and that of they do nothing, your life and well being will be in danger. Being arrested for violating the domestic violence interdict is very serious indeed and often results in the abuser being locked up the police cells, until such times as he/she is brought to court. This is why getting someone arrested for violating the terms of the domestic violence interdict should not be for every frivoulous thing. The person violating the domestic violence interdict will be brought before the criminal court, and will have to explain why he/she violated the interdict or defend that fact that he/she violated the interdict.

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