The Domestic Violence Act in South Africa

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Questions and Answers

What is the purpose of the Domestic Violence Act?

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.

What is the definition of domestic violence?

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

What is the primary remedy provided for in the act?

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

What are the duties of the police when called out to a scene of domestic violence?

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. Signup and view all the answers

What is the major difference between an interim protection order and a final protection order?

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. Signup and view all the answers

When can the court issue a final protection order?

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. Signup and view all the answers

What must the court do when issuing a final protection order?

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. Signup and view all the answers

What happens if a complainant hands in the warrant of arrest to a police member?

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. Signup and view all the answers

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