Domestic Violence Questions and Answers

We introduced this Domestic Violence Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know whether you should proceed with an application for a protection order, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Domestic Violence, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we are a legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Domestic Violence.
There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Domestic Violence. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.
Articles and Q&A
 There is a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law-related topic. For example, how to apply for child maintenance, or how to get divorced.  Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.
Downloadable resources
 We created some downloadable resources for free on this website. They are: 1 Free Basic Will Tool Kit 2. Free Shariah Will Template 3. Free Divorce Starter Tool Kit 4. Free Child Maintenance Calculator 5. Free DIY Urgent Child Contact Toolkit Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Domestic Violence. If not, feel free to arrange a consultation with us.
Sharing is Caring
 If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.         
 Posted on  by Telelaw
Domestic Violence Questions and Answers
We introduced this Domestic Violence Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know whether you should proceed with an application for a protection order, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Domestic Violence, please proceed and reply to their comments.
In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we are a legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share our knowledge of Domestic Violence.
There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you with whatever questions you have, or information you require on Domestic Violence. Therefore, after posting your question, or any time after, have a look at the useful resources and information on our website. Some of these resources are listed hereafter.
Articles and Q&A
There is a range of legal articles on this website dealing with various family law issues. Some of these articles are straight forward, outlining the legal position on a family law-related topic. For example, how to apply for child maintenance, or how to get divorced.
Other articles are written in the form of answering a specific legal question. For example, do I pay maintenance if I am unemployed, or what do I do if I want to leave the country with my child, and the other parent does not want to provide consent? Those articles are in blog format. This means that you are welcome to comment or pose questions to increase our knowledge base. The clear idea behind our website is that we want to make family law legal information more accessible and available to the public.
Downloadable resources
We created some downloadable resources for free on this website. They are:
1 Free Basic Will Tool Kit
2. Free Shariah Will Template
3. Free Divorce Starter Tool Kit
4. Free Child Maintenance Calculator
5. Free DIY Urgent Child Contact Toolkit
Feel free to download these useful resources. Click on the links above, and complete the online purchase process. The purchase price is R 0. Thereafter, a downloadable link would be emailed to you. Once you received the email, download it as soon as possible as the link would expire after two months. We hope that we assisted you with any queries you had on Domestic Violence. If not, feel free to arrange a consultation with us.
Sharing is Caring
If you find any of our articles and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. Should you require any other legal services and advice, not related to family law, visit Private Legal.
 
 
 
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How do I have my case heard in the Constitutional Court of South Africa? I have a case that has constitutional implications.
 In South Africa, the Constitutional Court is the highest court in matters related to the interpretation, protection, and enforcement of the Constitution. The Constitutional Court has the authority to hear various types of cases, particularly those involving constitutional matters. Here are some common types of cases that can be appealed to the Constitutional Court:
Constitutional Matters:
 Cases involving the interpretation, application, or violation of the provisions of the Constitution of the Republic of South Africa.
Human Rights Violations:
 Cases involving alleged violations of fundamental human rights guaranteed by the Constitution, such as freedom of expression, equality, and dignity.
Legislation Review:
 Challenges to the constitutionality of legislation. The Constitutional Court has the authority to review the constitutionality of laws and may declare them invalid if they are found to be inconsistent with the Constitution.
Jurisdictional Disputes:
 Cases involving disputes about the constitutional powers and functions of different branches of government or between different spheres of government.
Electoral Matters:
 Cases related to elections, including disputes over the validity of elections and matters concerning the electoral system.
Access to Justice:
 Cases involving access to justice and fair trial rights, particularly if there are constitutional implications.
Land and Property Rights:
 Cases related to land and property rights, including disputes over land reform policies and practices.
Interpretation of the Bill of Rights:
 Cases where the interpretation of specific rights in the Bill of Rights is at issue.  It’s important to note that the Constitutional Court has the authority to hear matters referred to it by lower courts, as well as matters that are brought directly to the court. Additionally, the court’s jurisdiction is not exhaustive, and there may be other specific matters that can be appealed based on constitutional grounds.  If you are unhappy with a Court decision and require legal assistance regarding a possible appeal to the Constitutional Court, feel free to contact us for assistance.
Contact details of the Constitutional Court of South Africa
 The contact details of the Constitutional Court of South Africa are as follows as found on https://www.concourt.org.za/index.php/contact-us/superior-courts-contacts:  Director of the Constitutional Court:
Tel: +27 11 359-7459
Email: [email protected] Registrar of the Constitutional Court:
Tel: +27 11 359-7400
Email: [email protected] General office: of the Constitutional Court (Court cases):
Tel: +27 11 359-7468  Cell: +27 67 715-3950 (Only for Emergency)  Email: [email protected] Library of the Constitutional Court:
Tel: +27 11 359-7400
Email: [email protected]
 Posted on  by Telelaw
  
Finding the best attorney or advocate for your matter in Cape Town is important. This is whether or not you are seeking a pro-bono lawyer or one that charges fees.
 What follows are some frequently asked questions on lawyer and fees in family law matters.
How much does it cost to hire a lawyer in South Africa?
 The cost of hiring a lawyer depends on several factors, including the lawyer’s experience and the complexity of the matter. For simple issues, you can seek assistance from a less experienced lawyer, while complex matters may require a more professional (and thus more expensive) lawyer. Therefore, the cost of hiring a lawyer varies depending on the specific circumstances of your case and the lawyer you choose.
What does a family lawyer do in South Africa?
 A family lawyer in South Africa typically handles legal matters related to family relationships, such as divorce, child custody, and adoption. They provide legal advice, represent clients in court, and help negotiate settlements.
Is it possible to find a pro bono lawyer in South Africa?
 A pro bono lawyer is one who would not charge you for legal services. In South Africa, most lawyers charge for their legal services. It is possible to find organizations that may assist you with your legal matter free of charge, such as legal clinics or pro bono organizations. You may also approach the legal aid board for legal assistance.
What is the difference between a lawyer and an attorney in South Africa?
 In South Africa, the terms “lawyer” and “attorney” are often used interchangeably, but there are distinctions in the legal profession:
  1. Attorney: An attorney is a legal professional who has completed the necessary education, training, and practical experience to represent clients in legal matters. Attorneys can provide legal advice, draft documents, and represent clients in lower courts. They typically work in private practice or within firms.
  2. Advocate: In South Africa, an advocate is a specialist lawyer who represents clients in higher courts. Advocates are usually instructed by attorneys and focus on litigation and courtroom representation. They are similar to barristers in other legal systems.
  3. Lawyer: This is a broader term that encompasses both attorneys and advocates, as well as other legal professionals. It refers to anyone qualified to practice law.
 In summary, all attorneys are lawyers, but not all lawyers are attorneys. Advocates represent a separate branch of legal professionals within the South African legal system
How much does an advocate charge per hour in South Africa?
 In South Africa, the hourly rates charged by advocates can vary widely based on factors such as experience, expertise, the complexity of the case, and the geographical location. On average, advocates may charge anywhere from R1,000 to R5000 per hour or more.  For junior advocates, the rates may be lower, while senior or highly specialized advocates may charge significantly more. It’s also common for advocates to offer fixed fees for specific services or cases, rather than hourly rates.  If you need an advocate, it’s best to discuss fees upfront and ensure you understand the billing structure before proceeding.
What is the cost of a suit in law?
 In South Africa, the cost of a suit in law, often referred to as legal fees for representation, can vary widely based on several factors:
  1. Type of Case: Legal fees differ depending on whether it’s a civil, criminal, family, or corporate matter.
  2. Experience of the Lawyer: More experienced attorneys or advocates may charge higher fees.
  3. Billing Structure: Some lawyers charge hourly rates, while others may offer fixed fees or contingency arrangements (especially in personal injury cases).
  4. Geographical Location: Fees may be higher in urban areas like Johannesburg or Cape Town compared to smaller towns.
 On average, you might expect:
  • Hourly Rates: R1,000 to R5,000 for an advocate; R1,000 to R2,500 for an attorney.
  • Fixed Fees: These can range from a few thousand rand for straightforward matters to significantly more for complex cases.
 It’s important to discuss costs and payment structures upfront with your legal representative.
Is the Family Advocate accessible?
 Yes, the Family Advocate in South Africa is generally accessible to the public, particularly for matters related to family law, such as divorce, child custody, and maintenance issues. The Family Advocate’s office aims to assist with the resolution of disputes involving children, focusing on their best interests. How to Access the Family Advocate:
  1. Application: You can apply to the Family Advocate’s office directly. This often involves submitting specific forms related to your case.
  2. Court Referral: In some cases, the court may refer you to the Family Advocate for assistance in mediation or investigation.
  3. Contact Information: Each province has a Family Advocate’s office, and you can find contact details online or through local court offices.
  4. Free Services: The services provided by the Family Advocate are typically free, which makes them accessible for individuals who may not be able to afford private legal representation.
 It’s advisable to check the specific requirements and processes for your region, as they may vary.
 Posted on  by Telelaw
 
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