The Domestic Violence Act in South Africa

The purpose of the Domestic Violence Act is to afford victims of domestic violence maximum protection of the law and to protect the fundamental rights of equality and freedom and security of the person.

The definition of domestic relationship is important because an act of domestic violence cannot qualify as such if it is not perpetrated within a domestic relationship.

The primary remedy provided for in the Domestic Violence Act is an application for a protection order.

<p>An interim protection order can be issued against the respondent if the court is satisfied that there is prima facie evidence that the respondent has committed an offence and that undue hardship may be suffered by the complainant if the protection order is not granted.</p> Signup and view all the answers

<p>The major difference is that a final protection order has immediate force and effect from the moment it is granted, while an interim protection order may need to be served on the respondent first.</p> Signup and view all the answers

<p>The court must be satisfied on the balance of probabilities that the respondent committed an act of domestic violence.</p> Signup and view all the answers

<p>The police may arrest the respondent if the police member is of the opinion that there are reasonable grounds to suspect that the complainant may suffer imminent harm.</p> Signup and view all the answers

<p>The person is guilty of an offence and liable on conviction to a fine or imprisonment not exceeding five years, or both a fine and imprisonment.</p> Signup and view all the answers