Domestic violence cases in South Africa

As a legal consultancy, we deal with domestic violence cases on a regular basis. Most of the situations are unique and comes with its own set of dynamics in which the legal expert will have to make the appropriate legal call. It is safe to say, if we may, that most times the cases we deal with involves women and children as the vulnerable targets in the process. The legal expert have cleverly compiled some free, expert legal advice articles that may be of help to the layperson who happens to stumble across our website. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.

Types of domestic violence in South Africa

Often, we mistake domestic violence as only physical and this is not the case. Below are some brief examples of the different types of domestic violence and abuse:

Control
Physical
Emotional and Domination
Verbal Abuse
Economic Abuse
Physiological Abuse

Does any of this sound familiar to you? Then it’s time you make an online appointment with us today and speak to the legal expert for the necessary expert legal advice you require. Feel free to call our law offices on 021 424 3487 for an online appointment.

How does the Domestic Violence Act protect citizens?

The Domestic Violence Act 116 or 1198, was introduced to afford woman the right to protect themselves by which they can enforce their rights legally if they fear for their life – the Act highlights that domestic violence as a serious offense. Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order. Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed. Connect with us today!

Defending Protection Order in South Africa

First of all, a Protection Order or harassment order serves as a direct order from court which should be adhered to. Any violation of a court’s instruction can be legally detrimental. The court order granted, will only be suitable to the person suffering any form of violence or harassment. A Protection Order is mainly applicable in cases of domestic violence in which the perpetrator lives with the victim. In a case of harassment, the perpetrator is not living with the victim. This is where a harassment order comes in. Do you fear for your life? Make an online appointment with us today and have your legal right asserted!

Posted on 11 February 2025 by Telelaw

Domestic violence cases in South Africa

It is safe to say, if we may, that most times the cases we deal with involves women and children as the vulnerable targets in the process.

The legal expert have cleverly compiled some free, expert legal advice articles that may be of help to the layperson who happens to stumble across our website.

We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free.

Call our offices for an online appointment today.

Types of domestic violence in South Africa

Often, we mistake domestic violence as only physical and this is not the case. Below are some brief examples of the different types of domestic violence and abuse:

Control
Physical
Emotional and Domination
Verbal Abuse
Economic Abuse
Physiological Abuse

Does any of this sound familiar to you? Then it’s time you make an online appointment with us today and speak to the legal expert for the necessary expert legal advice you require.

Feel free to call our law offices on 021 424 3487 for an online appointment.

How does the Domestic Violence Act protect citizens?

Victims of domestic violence, woman and children that is, can now stand up for themselves by virtue of a protection order or restraining order.

Arrange for an online appointment for a professional legal consultation today and have the legal expert explain to you in context how your legal rights can be executed.

Connect with us today!

Defending Protection Order in South Africa

A Protection Order is mainly applicable in cases of domestic violence in which the perpetrator lives with the victim. In a case of harassment, the perpetrator is not living with the victim. This is where a harassment order comes in.

Do you fear for your life? Make an online appointment with us today and have your legal right asserted!

I have a legal issue with someone and want to sue out of the High Court of South Africa. What can the High Court assist me with?
The High Court in South Africa is a superior court with general jurisdiction, meaning it has the authority to hear a wide range of cases, both civil and criminal. The jurisdiction of the High Court is outlined in the Constitution of the Republic of South Africa, 1996, as well as in various statutes. South Africa is divided into various provinces, and each province has its own High Court. The locations of the High Courts in South Africa are as follows:
Eastern Cape Division of the High Court:
Main Seat: Grahamstown (Makhanda)
Free State Division of the High Court:
Main Seat: Bloemfontein
Gauteng Division of the High Court:
Main Seat: Pretoria
Local Seat: Johannesburg
KwaZulu-Natal Division of the High Court:
Main Seat: Pietermaritzburg
Local Seat: Durban
Limpopo Division of the High Court:
Main Seat: Polokwane
Mpumalanga Division of the High Court:
Main Seat: Mbombela
Northern Cape Division of the High Court:
Main Seat: Kimberley
North West Division of the High Court:
Main Seat: Mafikeng
Western Cape Division of the High Court:
Main Seat: Cape Town
Each High Court division has its own judges and handles cases within its geographical jurisdiction. The main seat of the division is where the principal court infrastructure is located, and local seats may be established to facilitate access to justice in different parts of the province.
Here are some key aspects of the High Court’s jurisdiction:
Civil Matters:
The High Court has jurisdiction over civil cases involving substantial legal issues or claims exceeding a certain monetary threshold. Civil matters include contract disputes, personal injury claims, family law matters, and other private law disputes.
Criminal Matters:
The High Court has jurisdiction to hear serious criminal cases, including offenses that fall under its exclusive jurisdiction. These may include, for example, certain types of murder cases or offenses that are considered particularly grave.
Constitutional Matters:
The High Court has jurisdiction to hear constitutional matters, but certain constitutional issues may be reserved for the Constitutional Court, which is the highest court in constitutional matters.
Administrative Law Matters:
The High Court can hear cases involving administrative law issues, such as challenges to decisions made by government bodies or public officials.
Appeals from Lower Courts and Tribunals:
The High Court serves as an appellate court for decisions of lower courts, magistrates’ courts, and certain specialized tribunals. Parties dissatisfied with decisions of lower courts may appeal to the High Court.
Review of Administrative Action:
The High Court can review and set aside administrative actions that are unlawful, irrational, or procedurally unfair.
Insolvency and Company Matters:
The High Court has jurisdiction over insolvency matters, liquidations, and company law issues.
Family Law Matters:
The High Court has jurisdiction over certain family law matters, including divorce cases and custody disputes.
Delictual Claims:
Delictual claims, which involve harm or loss caused by wrongful conduct, can be heard by the High Court. It’s important to note that jurisdiction can be complex, and specific rules may apply to different types of cases. The High Court has divisions in different provinces of South Africa, and the jurisdiction may vary slightly among these divisions. Additionally, certain matters may be allocated to specific divisions, such as the Commercial Court or the Labour Court. High Courts typically have Registrars who manage the administrative functions of the court. You may contact the Registrar’s office for information on court procedures, case status, and other inquiries.
Need legal representation in the High Court?
If you have a legal problem which falls under the jurisdiction of the High Court, and require legal assistance, feel free to contact us.

Posted on 11 February 2025 by Telelaw

[caption id="attachment_8911" align="alignleft" width="440"] Parental responsibilities and care during the coronavirus lockdown in South Africa[/caption]
Updated: 16 April 2020
New regulations have been issued on 16 April 2020. Click on the link below: The material change is that you do not have to have a court order or a parental responsibilities and rights agreement or parenting plan, registered with the family advocate. Possession of a birth certificate or certified copy of a birth certificate is now also allowed.

Update: 07 April 2020

NEW LOCKDOWN REGULATIONS REGARDING THE MOVEMENT OF CHILDREN – CERTAIN PARENTS MAY MOVE CHILDREN DURING THE NATIONAL LOCKDOWN PERIOD (7 April 2020)

What separated and divorced parents should think about prior to the coronavirus lockdown

With the world working towards eradicating the spreading of the coronavirus, South Africans are going to be placed on lockdown from 11:59 on Thursday 26 March 2020. This will endure for a period of 21 (twenty-one) days. This is what President Cyril Ramaphosa announced yesterday on national television. The applicable legislation allowing for this is the Disaster Management Act. This is done to contain the spread of the coronavirus in South Africa. What this means, in essence, unless you fall under the categories of persons allowed to work and be out there, you should remain at home.

The Application of Contact and care Court Orders during the lockdown

Schools have already been locked down and its keys stored away. The number of people who may be in the same place at the same time was restricted to an amount of 100. Now things have escalated to everyone staying at home unless you are allowed to be outside. This, however, leaves us with uncertain legal challenges when it comes to the exercising of contact and parental responsibilities and rights to minor children. It becomes even more challenging if there is a court order allowing a parent to have contact, but the child is currently with the other parent during the lockdown. • Does the court order supersede what the President told us to do? • Can we go against the lockdown injunction to exercise contact? At this moment, the questions are hard to answer. And in our view, should not be answered, unless clearer directives are provided by the government, dealing with this situation.

What are the usual contact and care arrangements?

The usual contact and care rights are any or a combination of the following: • The minor child will reside primarily with one parent for a period, and then with the other parent for the same period; • One parent has primary care with the child during the week, and the other parent has contact during alternative weekends; • The child resides with one parent, and the other parent collects the minor child in the morning and takes and collects the minor child from school. Thereafter returning the minor child to the primary caregiver; • Supervised contact, where a parent has contact at the minor child’s primary home, supervised by the other parent or another person; • Contact which is supervised in a public space, or by a social worker; and • Other specific cases. Contact would also entail telephonic and video contact.

How should contact be exercised during a lockdown?

There are 2 (two) more days before the lockdown. What happens to weekend contact? Some parents are exercising holiday contact at present. • What happens at the end of a specific parent’s holiday period? • Can a parent go and collect the child or children and have them now stay at a different parent? • And then return the children later, still during a lockdown? These and other questions are unprecedented, and direction is required from the government, not only lawyers. At the very least, parents should use the next two (2) days to decide where the children would primarily reside, and if indeed they can only live in one home for the 21 days, how contact can take place via other means. For example, WhatsApp video, FaceTime, Skype or Zoom.

Final words on parental contact during the lockdown

• Do not take the law into your own hands. • Until there is certainty on this issue, presume that the child would need to remain with one parent during this period. • Arrange for alternative forms of contact as suggested above. • Also, ensure that the child has enough clothes and necessities at the home he or she will reside during the lockdown. • Use the next two (2) days to prepare for the worst, so that your child would have the best.