Domestic violence is a serious violation of human rights and is dealt with strictly under South African law. The Domestic Violence Act 116 of 1998 provides protection for individuals who are subjected to any form of abuse within a domestic relationship, whether between spouses, partners, parents, children, or other family members.
Abuse is not limited to physical violence — it can take many forms, including:
- Physical Abuse: Assault, hitting, or any form of physical harm.
- Emotional / Psychological Abuse: Manipulation, humiliation, degradation, threats, or controlling behaviour.
- Verbal Abuse: Insults, constant criticism, or threats intended to harm dignity and self-worth.
- Economic Abuse: Withholding financial support, preventing a partner from working, or controlling access to money.
- Intimidation & Harassment: Threatening behaviour, stalking, or persistent unwanted contact.
- Elder abuse: abuse of older persons as set out in section 30(2) of the Older Person’s Act 13 of 2006.
- Other forms: Sexual abuse, related person abuse, stalking, spiritual abuse, property damage, coercive behaviour, controlling behaviour, exposing children to domestic violence, entry into complainant’s residence or place of work.
Where such behaviour / conduct, as listed above, harms or may cause imminent harm to the safety, health or wellbeing of inspires the reasonable belief that harm may be caused to a complainant.
Victims of domestic violence can apply for a protection order from the court. A protection order is a legally binding document that prohibits the abuser from committing further acts of violence or harassment and can also include conditions such as removing the abuser from the shared home or restricting contact.
If a party violates a protection order, he / she will face serious consequences and can be arrested with immediate effect and face a criminal record against their name.
