In the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021) the definition of ‘domestic violence’ was expanded to include the following new acts of domestic violence:
Coercive Behaviour
Occurs when the abuser compels or forces the victim to abstain from or do anything that he or she has a lawful right to do.
Controlling Behaviour
Occurs when the victim is made to be dependent on or subservient to the abuser, e.g. isolating the victim from sources of support; regulating the everyday behaviour or movement of the victim, etc.
Economic Abuse
Includes deprivation of financial resources to which the complainant is entitled under law, such as education expenses and rent in respect of the shared residence or accommodation, etc.
Expose a Child To Domestic Violence
Where the abuser intentionally causes a child to see or hear domestic violence, or experience the effects of domestic violence.
Elder Abuse
Relates to an abuse of an older person within a domestic relationship as contemplated in the Older Persons Act, 2006 (Act No. 13 of 2006);
Related Person Abuse
It is now possible for a person to take a legal action in terms of this Act against the abuser who threatens to cause or commits physical violence to or damage to property of a related person, where such actions can in the circumstances be regarded to cause harm to the related person concerned.
Sexual Harassment
Includes unwelcome sexual attention from the abuser who knows or ought reasonably to know that such attention is unwelcome.
Spiritual Abuse
Includes the manipulation of the victim’s religious or spiritual convictions and beliefs to justify or rationalise the abuse of such victim.
Which Court should I approach?
Approach the court nearest to where you live, work, or conduct your business. If you were forced to leave your place of residence as a result of the violence and are living elsewhere temporarily (even if it is for one night), you may approach the court closest to your temporary residence.
Is a pattern of abuse a requirement before applying for protection order?
Not anymore. Victims must report any act of domestic violence the first time it occurs to permit early intervention.
What is the extended definition of ‘domestic relationship’?
A person in a close relationship who shares or shared the same residence with the victim has a domestic relationship with such victim. A close relationship is determined by the degree of trust between the victim and abuser, the level of dependence, the length of time of the relationship, etc. The parties need not be related in any manner.
Who is required to act against domestic violence?
Any adult person has a legal obligation to report to a social worker or police knowledge, belief or suspicion of an act of domestic violence perpetrated against a child, person with disability, or an older person. A failure to do so amounts to a punishable offence.
A functionary or any person who has a material interest who has a material interest in the wellbeing of the victim may apply for a protection order on behalf of the victim with a written consent of such victim, except where the victim is a child or the court is of the opinion that such victim is unable to provide the required consent.
Information courtesy of the Department of Justice and Constitutional Development
