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.

Domestic violence is defined as any act of violence or abuse that occurs within a domestic relationship.

The primary remedy provided for in the act is an application for a protection order.

The police's duties include assisting the complainant, informing them of their rights, and arresting the respondent without a warrant if there is reasonable suspicion of an offense containing an element of violence against the complainant.

The major difference between an interim protection order and a final protection order is that the 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.

The court can issue a final protection order if it is satisfied on the balance of probabilities that the respondent committed an act of domestic violence.

When issuing a final protection order, the court must also make an order which authorizes the issue of a warrant of arrest but suspends the execution of that warrant, subject to the contravention of the order or a condition of the order.

If a complainant hands in the warrant of arrest to a police member and indicates that the protection order or a condition therein has been contravened, the police may arrest the respondent if that police member is of the opinion that there are reasonable grounds to suspect that the complainant may suffer imminent harm.