The Domestic Violence Act, 1998 (Act No 116 of 1998) allows you to apply for an interdict against your husband/wife/partner/children/parents or anyone in your household if they abuse you.
However, few people know how to obtain an interdict. Here’s how:
Step 1: G to you nearest Magistrate’s Court
The Magistrate’s Court has the power to grant you a domestic protection order.
Although you can go to the Court on any day that it’s open, you can also go on days when the court is closed or after hours if you feel that your life is in danger.
Step 2: Fill in the forms
The court will give you forms to complete. If possible, also submit any evidence of the abuse, such as doctors’ reports or statements from witnesses.
The clerk of the court will give these forms and the other documents to the magistrate, and s/he will then decide whether or not to grant you the order. If the order is granted, the clerk of the court will ask the sheriff to deliver the order to the person who abuses you. If there is a chance that the abuser may be violent, the SAPD will deliver the order.This order is only temporary, and your abuser will now have the chance to proof that s/he is not abusive. If the magistrate finds that the person is indeed abusive, the temporary protection order becomes permanent.
Among other things, the domestic protection order forbids your abuser to make contact with you and may not visit you, even if you share a house. If the abuser ignores the order, you can go the police with the order and the abuser will be arrested.
