DOMESTIC VIOLENCE: DO NOT PLAY THE ABUSERS GAME. PLAY YOURS

by DOMESTIC VIOLENCE: DO NOT PLAY THE ABUSERS GAME. PLAY YOURS on 02-06-2018 in News from advertisers

DOMESTIC VIOLENCE: DO NOT PLAY THE ABUSERS GAME. PLAY YOURS  The Domestic Violence Act, 1998 (hereinafter referred to as the “Act”), places a robust prominence on the extermination of violence. Domestic violence effects destructively on the day-to-day lives of the sufferers. Families that are beleaguered by Domestic Violence are prohibited from realising their bursting potential. Every person has the right to grow as a human being and be treated with respect.  Domestic violence is frequently assumed to only comprise corporeal viciousness, but the actions and results that make up domestic violence differ in nature and regularity. This Act applies to violence that takes place in a domestic relationship. “It hurts the most when the person that made you feel so special yesterday, makes you feel so unwanted today” (quote by unknown). 
 
People in such violent situations feel there is no hope, no light and no end to the violence.  They sometimes justify such actions as the norm or just accept being a victim.  “Victim”? yes maybe, but those who rise above it all and say “NO MORE” in my eyes are “heroes”. My favorite quote by Laura Davies is that “many survivors insist they're not courageous: 'If I were courageous I would have stopped the abuse.' 'If I were courageous, I wouldn't be scared'...Most of us have it mixed up. You don't start with courage and then face fear. You become courageous because you face your fear”. 
 
Domestic violence can be so easy to disregard, as it frequently occurs lacking any observers and it is occasionally easier not to get involved. Thus far, by freely talking against domestic violence, together we can task arrogances in the direction of violence in the household and display how domestic violence is a criminal offence and not simply improper.   
 
For those who feel there is no hope and no light, I am going to give you some spark to alleviate your plight to hope and light. 
 
“ABUSE” IN TERMS OF THE ACT: According to the Act, there are various forms of abuse, namely: a) physical abuse:  Examples may be hitting, biting, kicking and terrorizations of physical violence.  b) sexual abuse:  It does not matter whether the abuser and the “victim” is married to each other or not c) emotional abuse:  This is abuse which is demeaning or shameful behaviour, including repetitive verbal abuse, condescending, swearing and intimidations.   d) psychological abuse  e) intimidation  f) financial abuse:  This is when the abuser retains money from the “victim” to which the “victim” is lawfully allowed in an unreasoning way by declining to compensate or share the rental or loan for the home shared by the abuser and the “victim”; or disposing of any household possessions in which the “victim” has an interest, but lacking the “victim’s” authorization.   g) harassment  h) destruction to property.  This includes any property of which is of value to the “victim”. i) stalking:  This is when the other person shadows or approaches the “victim” or approaches the “victim” or the “victim’s” families.  j) entrance into an individual's property without their consensus  k) any further unmannerly or supervisory behaviour   
 
THE DOMESTIC VIOLENCE ACT: The Act can seem so much to absorb or understand but some of the important provisions of the Act I shall highlight. The Act includes the following: • It does not only apply to “parties of a marriage” but also applies to any person who is in a "domestic affiliation".   
• The South African Police Services has a responsibility to notify individuals of his or her rights on the scene of an occurrence of domestic violence.  • The Peace Officer who rationally suspects an individual of partaking in an wrongdoing comprising an element of violence, may well without a warrant, apprehend any individual on the scene of an occurrence of domestic violence. • The protection order can be amended or set aside by the “victim” or abuser.  • The hearing proceedings should be held in camera.   • Clarity is provided to the “victim” and the “abuser” that they may be assisted by a legal representative.   • The legal proceedings provide for a simple, speedy and cost-effective means to gain guard from domestic violence.   
 
PURPOSE OF PROTECTION ORDER   The protection order is an order granted by the court to prevent: • The abuser from doing any stated act of domestic violence   • Any additional individual not to abuse the person that made the application • The abuser to deliver cash for sustenance and additional domestic expenditures   • The abuser from entering the household   • The abuser from interaction with the child   • The abuser from entering a stated portion of the house   • The abuser from entering the abused individual’s home or place of employment   
 
A protection order may further enforce further conditions essential to shield and provide for the protection or well-being of the abused individual. 
 
If the abused individual needs immediate protection, the court can, on request, grant an interim protection order which will provide emergency protection until the hearing of the application to make the protection order final.  
 
WHO COULD ACQUIRE A PROTECTION ORDER?   There are various persons who may bring an application for a protection order. For example: • Anybody who has been ill-treated  • Therapist  
• Policeman  • An individual who has an interest in the life of the individual who is being abused  • Medical employee  • Societal worker  • Educator  • A minor may, without assistance of a guardian, bring an application. There are exceptions to persons who would be unable to bring an application for a protections order.  The following persons must give his or her written consent, namely: • a minor,  • a psychologically mental individual,  • unconscious or  • if the court is content that he or she is incapable to provide the essential consensus. 
 
SOUTH AFRICAN POLICE SERVICES POWERS AND OBLIGATIONS The South African Police Service may:  • arrest the abuser at the scene of abuse   • arrest the abuser on being presented with the warrant of arrest and an affidavit comprising an accusation that the abuser has dishonoured the protection order   • provide assistance for the “victim” in need of medical attention.  The South African Police Services also ensures that a medical officer gathers and archives any medical evidence in support of a criminal charge. • provide assistance for shelter and victim counselling • search and remove the abuser's firearms or any other dangerous weapons   • escort the “victim”, to fetch his or her personal belongings   The South African Police has the duty to treat “victims” of domestic violence with sensitivity and care and is responsible to: • Find the “victim” and take sensible steps to shield the “victim” from additional threat at the scene of the occurrence of the domestic violence • Acquire reports from the “victim” and witness(es)  • Ensure that the atmosphere is conductive to communicate • Arrest the abuser immediately without a warrant of arrest if there is reason to believe that an act of violence has been committed.  The South African Police Services may also arrest the abuser if they are content that the abuser’s psychological state, predisposition towards violence 
and/or necessity on alcohol or drugs could affect his/her behaviour and pose a danger to anybody. 
 
 THE PROTECTION ORDER PROCESS: 
 
A. WHERE AN APPLICATION FOR A PROTECTION ORDER CAN BE MADE: 1. Court:  The “victim” may make an application for protection order at any Magistrate's Court or High Court near to wherever:   a. the “victim” resides; owns a business or is working; b. the abuser resides; owns a business or is working; or c. the abuse took place   2. Police Station: The “victim” may also lay a criminal charge at the police station and apply for a protection order.  
 
B. APPLICATION TO COURT The “victim” may make an application for a protection order to: • To the clerk of the Magistrate's Court or the Registrar of the High Court   • The clerk will take the application to the magistrate, who will draft a notice to the abuser notifying him/her of the protection order   •  The abuser will be informed to attend court on a specific day for a hearing   • This notice is given to the abuser by the sheriff, the police or the clerk of the court.   If the “victim” cannot find the money to pay for the protection order to be delivered, he or she may apply to the clerk of the court for economic aid.  
 
C. THE HEARING If the abuser does not appear in court on the day of the hearing, the protection order is approved.  If the abuser does appear, the court will hear the evidence from both the abuser and “victim”. Witnesses can also be called to provide evidence. When the magistrate has heard all the evidence, he or she will then issue the protection order and a suspended warrant of arrest if he is satisfied that the “victim” proved his or her case.  The “victim” and the police station of his or her choice will be provided with duplicates of the order granted. 

 
D. ABUSER WHO VIOLATES THE PROTECTION ORDER GRANTED If the abuser violates the order, the “victim” can approach the police service with the suspended warrant of arrest and may lay a criminal charge against the abuser.  The abuser will be imprisoned or provided a notice to appear in court. As soon as this detention warrant has been handed, the “victim” must go back to court to get additional one in event the abuser violates the order again.   
  
E. PERIOD THAT THE ORDER IS VALID The order is valid until “victim” changes or withdraws it.   If the abuser files an application appealing the order, the order will still remain in effect until such time that it is cancelled by the appeal.   
 
Domestic Violence is a matter of concern and we need to be aware that it does exists. The more we select not to speak about it, the more we are cautious and move away from the problem and the more we going to lose.  Domestic Violence is a serious problem that many face, but it is a problem that one can face by knowing that you are not alone. “From every wound there is a scar, and every scar tells a story. A story that says, "I survived." (quote by Craig Scott) 

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