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The Domestic Violence Act (No 116 of 1998)
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The Domestic Violence Act (No 116 of 1998)

The Domestic Violence Act recognises that domestic violence is a serious crime against society. The Act aims to give greater protection to people in domestic relationships who have been abused.

The Domestic Violence Act includes people who are married, living together, dating or ex-partners. Also included are parents and children, people sharing homes, or caregivers to children or older people.

The Act says:

  • A person can be charged and convicted with marital rape whether the parties are married according to civil, customary or religious law.
  • When police arrive at a scene of domestic violence, they must inform victims that they have a right to ask for police assistance to protect themselves and their children. Police are allowed to seize firearms and other weapons.
  • Victims can ask police to help them find a place of safety and for help to move them there.
  • Police have to tell victims how to get a Protection Order. The order is issued by a court and will specify conditions that the abuser must stick to. The court will also issue a warrant for the arrest of the abuser if he/she breaks any of the conditions.
  • The Act gives police the right to arrest an abuser at the scene of an incident of domestic violence without a warrant of arrest, if the police reasonably suspect that the abuser has committed an offence involving physical violence.
  • A person that is subject to domestic violence can also ask for emergency money relief. 
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