<h3 class=”showhide_heading” id=”The_Law”> The Law</h3> <p> <a class=”wiki external” href=”https://www.acts.co.za/domestic-violence-act-1998/index.html” rel=”external nofollow” target=”_blank”>Domestic Violence Act, 116 of 1998</a></p> <h3 class=”showhide_heading” id=”What_it_means”> What it means</h3> <p> 1. Any of 10 types of behaviour between people in any of 6 types of a relationship</p> <p> A. Domestic Relationship<br /> <a class=”wiki external” href=”http://thebirkenhead.com/tiki-take_quiz.php?quizId=1” rel=”external nofollow” target=”_blank”>TAKE THE TEST</a><br /> 1) is or was married to each other<br /> 2) did or do live together<br /> 3) parents of a child<br /> 4) related to each other<br /> 5) engaged, dating or had sex together<br /> 6) share or recently shared the same residence</p> <p> B. Types of violent acts<br /> <a class=”wiki external” href=”http://thebirkenhead.com/tiki-take_quiz.php?quizId=2” rel=”external nofollow” target=”_blank”>TAKE THE TEST</a><br /> 1) physical abuse<br /> 2) sexual abuse<br /> 3) emotional, verbal and psychological abuse<br /> 4) economic abuse<br /> 5) intimidation<br /> 6) harassment<br /> 7) stalking<br /> 8) damage to property<br /> 9) entry into complainant’s residence without consent<br /> 10) any other controlling or abusive behaviour</p> <p> 2. A feature of the <a class=”wiki external” href=”http://thebirkenhead.com/tiki-index.php?page=Paths+to+the+Divorce” rel=”external nofollow” target=”_blank”>Type 3 divorce</a><br /> <a class=”wiki external” href=”http://thebirkenhead.com/tiki-take_quiz.php?quizId=4” rel=”external nofollow” target=”_blank”>TAKE THE TEST</a><br /> The Abuser can take advantage of 2 features of Act 116 of 1998 to get a protection order against the Victim</p> <p> Step 1: S/he stages a fight or fabricates an event</p> <p> Step 2: S/he applies to the Domestic Violence Court for an interim order the next day<br /> (1) S/he uses the details of the staged fight or imaginary event<br /> (a) If you defend yourself, s/he will use that against you<br /> (b) If you do not defend yourself, s/he will describe her/his fear that you will<br /> (2) S/he pretends fear<br /> (3) S/he applies to evict you from your residence and limit or stop your contact with your child/ren<br /> (4) The form used to apply for the order does not mention perjury or the penalty for false accusations<br /> (5) The Act only refers to perjury in connection with getting a warrant of arrest, not for getting the order</p> <p> Step 3: The court issues the interim order<br /> (1) The application is ex parte (i.e. the order is issued in your absence and without your knowledge)<br /> (2) The court assumes that you are guilty</p> <p> Step 4: The police serve the order<br /> (1) The service should include the statements made and evidence provided at the application (but never does)<br /> (2) You must leave the house and children in her/his control<br /> (3) You must prepare for your defence, without knowing what to do or say</p> <p> Step 5: S/he applies for a warrant for your arrest<br /> (1) The court will issue a warrant of arrest ex parte on the Abuser’s say so<br /> (2) The police will enforce the warrant of arrest despite the facts</p> <p> Step 6: You must appear and defend yourself at the hearing<br /> (1) The cost for the Abuser to make the application is free.<br /> (2) The state paid for the court to issue the order and for the police to serve the order and warrant on you<br /> (3) You have to pay to be represented at your defence<br /> (4) The court does not test the truth of the Abuser’s statements: they are assumed to be true<br /> (5) The onus is on you to disprove the allegations in every detail (made harder when the allegations are not known to you)<br /> (6) If you are absent (e.g. in jail on false charges), the court rules automatically against you<br /> (7) If you admit anything (even in self-defence at the fight that the Abuser staged), the court rules against you</p> <p> Step 7: The court adds new restrictions to the final order<br /> (1) The court adds by default a set of new limitations (financial abuse, verbal abuse, etc) as if you are guilty of them too<br /> (2) The court adds a warrant of arrest automatically to the final order (you have no second chance to defend yourself)</p> <p> Step 8: Your ability to see your child/ren and contest the divorce is permanently reduced<br /> (1) The order prejudices other courts, the Family Advocate, even your own lawyer against you<br /> (2) The order persuades your family and friends to abandon you, believing that you are the Abuser<br /> (3) The protection order in South Africa is for life (other countries, lapses automatically after 6 months to 5 years)<br /> (4) The process for setting it aside is not described in the Act (i.e. it is expensive and difficult, with little chance of success)<br /> (5) S/he can use the warrant of arrest at any time against you, for any event within the old and new restrictions, staged or fabricated<br /> (6) The police will arrest you on her/his say so<br /> (7) The criminal court will find you guilty, no matter your defence, on her/his say so (esp. if s/he says "I am in fear of my life")<br /> (8) The conviction and sentence will give you a criminal record and affect<br /> (a) Your ability to traver and emigrate<br /> (b) Your ability to work at a senior level<br /> (c) Your entry into certain occupations<br /> (d) Your ability to contact and see your child/ren</p> <p>  </p>