What is domestic violence?
The following can be regarded as domestic violence:
What are my options if I am being abused?
You have the right to -
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 SAPS to victims of domestic violence
It is the commitment of the
SAPS to treat victims of domestic violence with sensitivity
and care.
As police officials.-
To ensure that this has been done.-
This will also enable us to give a report on the progress in your case.
At the scene of the incident
Locate the complaint and take reasonable steps to protect the complainant from any further danger. Create an environment that is condusive to communicate. Obtain statements from the complainant and witness(es). If there is reason to believe that an act of violence has been committed, the respondent must be arrested 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. We will also do this if we 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 SAPS provide?
We will, where possible, help you find access to -
We will inform you of -
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.
What can I do if a police member fails to fulfil this commitment?
Should a police officer fail to carry out this commitment, you can report the matter to the station commissioner at the relevant police station. The complaint will be noted in a complaints register, stating the name of the member concerned, the date on which the complaint is lodged, and the details of the complaint.
The station commissioner will take disciplinary steps against the member involved. The Police Service will also refer the complaint to the Independent Complaints Directorate (ICD) for their recommendations. If you are not satisfied with the way in which a station commissioner is dealing with your complaint, you may personally report the matter to the ICD. We will send monthly reports on your complaint(s) against police members to the SAPS Head Office.
What can I do if an abuser disobeys a protection order?
Phone the South African Police Service. Thereafter a statement will be taken from you. Provide the police with the warrant of arrest you received together with the protection order (if you have lost it, apply at the court for another one). If you are in immediate danger the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day.
Have a crisis plan ready
Identify places where you can use a telephone quickly and easily. Always carry a list of emergency numbers with you. Make sure that the people you usually visit, have a copy of the protection order and/or warrant of arrest. Put some money in a safe place so that you can take a taxi or bus in case of an emergency. Have an extra set of keys for the house or car. If possible, have a set of clothes for yourself (and your children) packed in a bag, and keep it in a safe place (for example, at a neighbour's house). If you are planning to leave, leave when your partner is not around, and take your children with you. Make sure that you are in possession of essential documents like IDs, your medical aid card, and your savings/credit card.