Legal Steps to Take to Escape an Abusive Marriage in South Africa

Domestic violence has five classifications:

Physical abuse

Sexual abuse

Emotional abuse (intimidation, economic abuse)

Verbal abuse (harassment)

Psychological abuse (stalking, entry without permission into residence that is not shared, damage to property)

This is not only applicable to married individuals but any abusive relationship regardless of how that relationship is defined.

What to do in the event of escalating abuse:

According to the South African Domestic Violence Act, a policeman who suspects domestic violence is there to protect the abused. They are also geared to stop the abuser should they resist restraint or continue violent behaviour.

This should motivate you to call the authorities if you are in danger. Don’t wait until it is too late to get help. The police will detain the abuser, seize any weapons on the premises and make sure the abused receives medical attention.

The Domestic Violence Act 116 of 1998:

Whether this abuse is being committed on or to a spouse, partner or child, your best option is to get away from whoever is causing harm to you and/or your children.

If you do not contact police you can contact the following organisations for help:

There are steps you can follow to be protected from ongoing abuse as set by The Domestic Violence Act 116 in 1998. 

How to obtain the protection order (court order) to protect you and your family:

This order can be commissioned by anyone, even a child who is being abused or someone who is a witness to the abuse.

  1. Before obtaining the order, you must receive an affidavit from a police station stating the reasons for the application, the order you are applying for (Interim Protection Order) and the name of the police station where it was obtained.
  2. Once you have received your affidavit, you must apply at your local Magistrates Court at any time on any day.
  3. You must complete the Form 6: Interim Protection Order. The form will be certified by a clerk to be submitted.
  4. You will receive a receipt and the magistrate will send you a return date for the consideration of your application.
  5. The magistrate will send a summons to the accused abuser to meet in court.
  6. The court will then decide whether or not to grant your protection order on the day both abuser and abused are present in court.

Don’t suffer in silence, we can help you.