With domestic violence being a scourge in South Africa, Roodepoort Police unpacked the crime in detail.
Spokesperson Captain Juanita Yorke provided the following information on the issue:
Domestic violence
Domestic violence is often thought to only include physical violence, but the acts, behaviour and consequences that make up domestic violence vary in nature and frequency. Domestic violence is regulated by the Domestic Violence Act 116 of 1998. This Act applies to violence that takes place in a domestic relationship.
What is a domestic relationship?
You can have a domestic relationship with someone you are or were married to; your parents or guardian; any family member(s), including your own child(ren); anyone you have lived with, whether you were married to that person or not; your life partner of the same sex; someone you went out with, even for a short time, or had sex with; or someone with whom you share a child.
What is domestic violence?
The following can be regarded as domestic violence:
• Sexual abuse (whether you are married to the other person or not)
• Physical abuse or assault (for example, slapping, biting, kicking and threats of physical violence)
• Damage to property or anything you value
• Stalking (when the other person follows or approaches you or your children repeatedly)
• Economic abuse that entails the other person keeping money to which you are legally entitled from you in an
unreasonable manner by —
* refusing to pay or share the rent or mortgage bond for the home you share
* disposing of any property (household goods) in which you have interest, without your permission
• Emotional abuse (that is, degrading or humiliating behaviour, including repeated insults, belittling, cursing and threats)
• Any other controlling or abusive behaviour which poses a threat to your safety, health or well-being
What are my options if I am being abused?
You have the right to —
• apply for a protection order at the nearest police station or magistrates’ court
• lay a criminal charge at the police station and apply for a protection order
What is a protection order?
• It is an order issued by a court at your request, ordering a person with whom you have or had a domestic relationship, to stop the abuse
• It may also prevent the person from getting help from any other person to commit such acts
• An interim protection order can also be issued at any time of the day or night for your protection
Who can apply for a protection order?
• Any victim of domestic violence
• Children, and if they are too young, a parent or guardian, or any person acting on behalf of someone who is responsible for them, but with their permission
• A police official
Commitment of the Police to victims of domestic violence
It is the commitment of the Police to treat victims of domestic violence with sensitivity and care.
As police officials, we will —
• treat victims with respect and protect their dignity
• listen to what victims have to say
• not insult or blame or suggest that it was their own fault that they were abused
• assist you with empathy and care
• inform victims of their rights and options
Also Read:
https://roodepoortrecord.co.za/2015/05/19/domestic-violence-plea-turns-into-major-drug-bust/
To ensure that this has been done, we will —
• ask victims to sign the Occurrence Book at the police station
• provide victims with a notice in a language they understand, and explain how they should proceed
• make an effort to find someone to speak to the victim in the language he/ she understands
• take a victim’s statement in privacy and not in the presence of the abuser or the public
• decide on the basis of your statement, whether to arrest the abuser and take his/her firearm, as well as determine the victim’s needs and how to assist him/her
• serve a protection order on the person against whom it was made, as directed by the court
• keep a copy of the protection order and record every arrest made as proof for victims
• note your complaint in the Incident Register at the station as further proof that you reported the matter. This will also enable us to give a report on the progress in your case
At the scene of the incident the police will —
• locate the complaint and take reasonable steps to protect the complainant from any further danger
• create an environment that is conducive to communicate
• obtain statements from the complainant and witness(es)
• if there is reason to believe that an act of violence has been committed, arrest the respondent immediately without a warrant
• search the premises and seize (for safekeeping) any firearms and/or dangerous weapons in the possession of the person who has either threatened to kill or injure another person
• also do this if they are satisfied that the offender’s mental state, inclination towards violence and/ or dependence on alcohol or drugs could influence his/ her behaviour and pose a threat to anyone
What other assistance will the Police provide?
We will, where possible, help you find access to —
• medical care
• shelter
• victim counselling
We will inform you of —
• the support services that are available in the area
• alternative shelters if available
• counselling services, if required
• medical assistance
• free services that are available
• the time of day these services are available
We will ensure that a medical officer collects and records any medical evidence in support of a criminal charge.
We will go with you to your home when you need to collect personal belongings, if this is provided for in a protection order that has been issued.
Do you perhaps have more information pertaining to this story? Email us at roodepoortrecord@caxton.co.za (remember to include your contact details) or phone us on 011 955 1130.
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