What is child maintenance / child support?

The terms “child maintenance” or “child support” is pretty much self-explanatory. To put it simply, it is when both parents sees to the needs and well-being of their child / children. Needs can be classified as food, clothes, education, medical expenses and other general maintenance of the child’s living costs.

Child Maintenance Law

This is where the guidance and help of a family law legal professional comes in handy. To understand the rules and regulations that govern child maintenance/child support, expert legal advice is required from a professional. The Child Support Act is there to ensure that both parents fulfill their legal obligations towards their child/children. In other words, the Act ensures that parents continue taking care of their children even after divorce. Child Maintenance includes the basic necessities such as:
  • Shelter
  • Clothing
  • Medical Care
  • Schooling
  • Food
Any legal executions regarding maintenance shall be carried out in accordance with the Child Maintenance Act.

Maintenance Court Procedure

Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as:
  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.

Maintenance Court Procedure

When undergoing the process of claiming maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analysed and the court’s decision will be based accordingly.

Child maintenance calculator

Many people do not proceed with claiming child maintenance because they do not know if they have a case. This is minimized by making use of the calculator which would assist you with the following:
  • To have an idea on how much maintenance you should be receiving from the other parent of your child;
  • How much maintenance you should be paying; and
  • Assist in reaching a mutual agreement with the other parent due to having a more accurate idea of how much either parent should be contributing to the child or children’s living expenses.
Download your free child maintenance calculator today. Start calculating today and find out how much to claim or pay with our free child maintenance calculator.

Child Maintenance office numbers

Our Lawyer Pty Ltd offers a range of family law legal services for your convenience. You can find our office in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Call our legal offices today and have your legal appointment booked online for a legal consultation in child maintenance. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!        
Posted on by Telelaw

What is child maintenance / child support?

The terms “child maintenance” or “child support” is pretty much self-explanatory. To put it simply, it is when both parents sees to the needs and well-being of their child / children. Needs can be classified as food, clothes, education, medical expenses and other general maintenance of the child’s living costs.

Child Maintenance Law

This is where the guidance and help of a family law legal professional comes in handy. To understand the rules and regulations that govern child maintenance/child support, expert legal advice is required from a professional.

The Child Support Act is there to ensure that both parents fulfill their legal obligations towards their child/children. In other words, the Act ensures that parents continue taking care of their children even after divorce. Child Maintenance includes the basic necessities such as:

  • Shelter
  • Clothing
  • Medical Care
  • Schooling
  • Food

Any legal executions regarding maintenance shall be carried out in accordance with the Child Maintenance Act.

Maintenance Court Procedure

Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as:

  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.

Maintenance Court Procedure

When undergoing the process of claiming maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. Expenses of parents and the child are however, listed separately.

The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analysed and the court’s decision will be based accordingly.

Child maintenance calculator

Many people do not proceed with claiming child maintenance because they do not know if they have a case. This is minimized by making use of the calculator which would assist you with the following:

  • To have an idea on how much maintenance you should be receiving from the other parent of your child;
  • How much maintenance you should be paying; and
  • Assist in reaching a mutual agreement with the other parent due to having a more accurate idea of how much either parent should be contributing to the child or children’s living expenses.

Download your free child maintenance calculator today.

Start calculating today and find out how much to claim or pay with our free child maintenance calculator.

Child Maintenance office numbers

Our Lawyer Pty Ltd offers a range of family law legal services for your convenience. You can find our office in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best.

Call our legal offices today and have your legal appointment booked online for a legal consultation in child maintenance. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!

 

 

 

 

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Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife’s take home is  R26000 a month.

I am paying the   following: kids medical aid                                         R5000  whilst she’s only alone in her medical aid Car installment                                          R4600 a month whilst she’s got 2 cars Car Insurance                                            R1000  a month Rental amount of                                      R5000 a month whilst she’s got 2 houses School fees for my 2 daughters of        R1400 a month 2 Kids transport fee                                 R1600 a month Elder son transport                                  R600   a month Last born’s Nanny                                    R2000 a month Collecting kids to visit me                       R400 a month My food and electricity and water        R1500 a month Maintenance for all kids of about         R2000 which includes arrears I also have pay 50 percent towards clothing for all the kids including school uniform and books The Total is  – R25500 a month of which I cannot clearly afford from my R16000 take home salary.

Please help me with advice as to how do I appeal this as I cant even afford an attorney.

Best Regards Good day You need to make an application for the substitution of the maintenance order with an order which you can afford. For this, you need to approach the maintenance court.,2847, Hi, so I would just like to know. I have been paying for my childs needs since birth. He is 6 years old now. I have never directly paid money to her, I have always purchased what he needs myself. We are not together anymore and my son is staying with her, he comes to me every single weekend while his mother goes out to party. I am currently earning a nett income of R9500. Me and his mom had an agreement that I pay his schoolfees R7000 a year, and I pay his medical aid, as he can not be the only and main member I need to pay R2600pm for medical aid for both of us. She would pay the transport and the aftercare R900 every month. She has a car that she needs to pay monthly, with insurance and petrol cost per month, I do not have a car but I am able to save R6000pm. Will the court look into how much spending money I have left before making a ruling? I mean wouldn’t this be unfair seeing that she has a car, and paying monthly I can also get a car but would not want to put myself in a long term situation like that.,2861, Good day The court would look at what is in the child’s best interests, and at the same time what is fair and reasonable. In our view, having a car is not a luxury, and is useful when having a child.,2862, @Holder.the court looks at both your income,from what you said you only spend R7000 a year and maybe an extra R1000 for medical aid for the child,you also mentioned the mother would pay R900 towards transport and aftercare,there are many responsibilities related to raising a child,the court will look at the fact that the mother sees to your son’s day to day needs which you don’t.in my opinion she is contributing far more than you are,also the court regards what you are spending on your child as gifts to him,maintanance is you paying a certain amount to the mother either daily,weekly or monthly.her having a car is something that will benefit your son in a way.but go to court and let them make a ruling but from what you said it seems you have it so easy,you still have R6000 a month to save which means you don’t have much expenses,she could even ask you for more if she wishes.,2865, Hi, my Sister got impregnated by a policeman who refuse to pay maintenance. The court ordered for a paternity test which came back saying the policeman is not the father of the child. My sister is very confident that the child’s father is this guy because she was not involved with anyone else at the time she got pregnant. The court did tell her that she can contest the results but she will have to conduct another one privately on her own cost and she is not working. I experienced something similar on the same court when I needed my father to increase child support from R600 to R1000 when I was going to varsity, they kept giving me dates when the court will be closed or not attenting maintanance issues, I was once given the 23rd of december and when I arrived the court was closed. That carried on until it was my time to go back to school which became difficult for me to go back to the court as i was studying very far. My father is a prison warder from the same area. The employees at the court seems to be able to by pass the system and favour their colleagues so how do we ensure that the corrupt officials are reprimanded for it and most importantly how do i help my sister moving forward.,2869, Good day She would have to do a private paternity test.,2876, hi my son is now 13 , I receive R1600 from his father which only covers transportation for my son to school and back. school fees alone are R27000 , he is on my medical aid , daily expenses also apply. he’s father earns more than me but refuses to look at the financial planner for the child and be involved with his needs , I’ve asked him to go 50/50 with me on everything be it stationery , uniform etc he just refuses to even reply to my msgs, what can I do? please help,2878, Good day You need to approach the maintenance court for an Order that he pays a reasonable amount.,2880, Good Day   I have a maintenance court order which states that my ex husband must pay R1800 per child. (I have 2 kids). He initially started paying R500 per child and now R800 per child. I have gone twice back to the maintenance court to report it. The last outcome they sent a sheriff of the court to seize his new taxis that he bought. Feedback from the Sheriffs office is I have no claim as the assets does not belong to him but is on higher purchase. He has just bought a brand new 4×4 van and is purchasing a new house. How is it possible that this is not taken into account and how must I proof which accounts he is hiding his money in. This is frustrating as he just gets away and the arrears are just now arrears in the courts view as I have no way to claim anything from. Please advise what is my next or any step to get the court order enforced.,2993, Good day This is clearly a case where the maintenance court is failing you by not doing their job. We would advise that you complain higher up in the maintenance court about the problems you are experiencing with them.,2999, Good Day.   My brother has a 2 month old baby.He has been contributing towards to the child by buying him clothes,food and diapers.He received death threats from the mother of the child because she feels that he’s not doing enough.The mother of the child wants to take him to maintenance court.Please advice how should my brother go about this when he gets to court?,3018, Good day He needs to outline his income and expenses with documentary proof to the court.,3019, Hi.can u please help me in this case. I have been getting 950 from my babys father. Nd now shes going to pre school next yr january. Ive told him in march this yr that i found a pre school. Nd that the meeting will be hold sep.fine,i went to the meeting 19 sep nd tried contacting him abt the feedback nd whats needed.my phone was blocked. Called with different number. Nd he answered. I told him details of the meeting nd that the re nd jan fees had to be at payed not later yhan 30 nov or shell be consider not accepted at school. He agreed l. November 15 on his pay day he called me that he has the money hell bring it that day. 3 days passed nd when i called she gives it to his girlfriends to answer it. He then s3nd me sms saying that i should pay reg fee nd jan fee wiyh that money. Nd Told him that i only get money on the 1st of each month not same day he getspayed’15th’. I also told him even if i borrowed money to pay how will i pay ackermans. Buy food nd toiletri. He said hell do it which was just an empyty promise. Then my sister gave me the money payed on the 23.send him sms that i payed nd if hes still willing to pay the acc nd buy everything for the baby never reapond. For 2 weeks. I then went to court with all expenses. Gave me date of appearance. Now 2days later. He calls me acting concern. Told him that ive got appearance date im sure he got it after everything.he told me hell go to court to complain nd . I told him if asking u to take care of ur child is what ull complain abt good luck. Hes been blocking me when i ry to talk about babys school fee. Now he acts concern. Nd tells me abt the lawyers nd that i will regret.,3066, Good day Do not concern yourself with what he said. Let the court handle it. All you need to do is ensure that you have proof of income, and expenses for you and the child to show the court.,3081, Good Day I am a single parent and I have a 5 year old which has never met his father due to him leaving 3 months before the birth I haven’t heard from him until September 2017 in that time I have not received any type of a assistance. He went to the courts saying I am keeping the child away. The family Advocates got involved and there recommendation was he went through a therapeutic process that was Feb 2018 I haven’t heard anything from him again. I would also like to point out I have a protection order against him  for domestic violence it was approved by the courts.  He is unable to contact me but it seems his parents are contacting me on his behalf.  What can I do I am fearful of his family and friends.  I am fearful which I did mention to Family Advocates I fear for my sons safety.  I am constantly looking over my shoulder.  My son is starting Grade 1 soon and I am afraid that they will try get access to him.  I have never spoken about him, to my son he has a dad.  Please help me!!! I have gone to courts they say they can’t do anything cause he hasn’t made the recommendation a court order.  Until then I am living with fears and concerns.,3282, Good day We advise you make use of the services of an attorney to assist in resolving those issues. If he does something illegal, you need to contact the Police.,3283, Good day. I have a daugther she is 6 years old and were are no longer together with her father. Her father wa working at pick n pay , in 2018 he was at police academy training in Bisho Eastern Cape for a year, now he is back from training and telling me that I should stop coming at her parent’s house because he has a new girlfriend and he don’t want her to found me at his parent’s house. And he doesnt support a baby. Can i take him to maintanacy court about those things and can you please advise me what to do,3291, Good day We advise that you approach the Maintenance Court as soon as possible to investigate this matter and make a Maintenance Order.,3296, Hi, does a Father have an obligation to pay some form of maintenance when he becomes unemployed? What is the law regarding this?,3365, Hi, my child is 2 months old I’ve filed a for maintenance, however at home they feel that I should cancel for safety reasons as the father might harm me or the baby, he was never violent with me its just concerns. So I’d like to know if I do cancel whats the procedure and consequences for that. I haven’t decided what to do but I would just like to know.,3366, Good day. We do not advise that you cancel your child maintenance application unless it is absolutely necessary. Child maintenance is a right of a child. We advise that you speak to the maintenance court about this issue and hopefully they can advise you accordingly. Looking at your message, we do not see any concerns.,3367, Good day. Even if the father is unemployed, he still has a legal obligation to pay child maintenance. This he can pay by selling assets he owns, or use part of the savings. If however you cannot afford to pay child maintenance you may proceed against his parents.,3368, Hi, I am married to the mother of my children through customary law. Since we are not yet registered I know automatically it means that we are married in community of property. My problem is that my estranged wife seem to be only interested in money. I hardly see my children and even when I do she wants to control the length of the time that we spend together. She does not give me any conjugal rights and refuse for my children to use my surname. Which now makes me wonder if they are really mine. She took me to a maintenance court and have now defaulted based on unanswered questions and a change in my finances. I need advise as to what I should do regarding joint custody because there is no court of law that granted her sole custody. I need to spend time with my children as much as she does and need us both to contribute towards the same course. I started to work May 2018, gave her R3000.00 the very same month end, but by 22 June 2018 she already filed for maintenance for R8000.00. I found this to be suspicious but because I was civil and wanted our relationship to work I offered her R6000.00. I could not keep up with the last 3 payments and have been summoned to court. What should I do?,3402, Good evening Reader,   So my question is on behalf of my husband.   He was previously married and has two kids with his ex wife. Since their divorce he has been paying child support. The mother was given Primary custody of the kids, with visitation rights of my husband.   With the kids visiting every alternative weekend and school holidays we became worried for the kids safety as the kids advised us their mother was on drugs/ substance  abuser started dating one too.   In December 2016 the mother decided to send the son with a complete stranger and dropped him off at his grandmother’s place. With no prior notification to my husband. I then encouraged him to have a chat with her and of course to approach the social workers as things was getting out of hand.   That’s when she asked my husband to give her a break so she could sort herself out because she was on drugs and had another son from another gentlemen and another on the way.   Without hesitation we took both his kids and drove the other to her mother in Koring berg as she was unfit to care for them.   We made arrangements and had them enrolled in school in January 2017. And they were with us ever since. She had full visitation of the kids but when they did visit she never made provision to feed her kids.   I then advised my husband to continue with the social workers and child court. On numerous occasions. They were to appear in court and on every occasion she failed to appear. She then fell ill and relocated to her mother in Koring berg in Mid 2018   December 2018 we sent the kids on holiday to visit their mom. This turns into a complete nightmare. When we collected them on the 6th January the mother had advised my husband only then that she would not be sending the girl back. As she needed her daughter by her and needed the maintenance monies because she has two more kids. As her grant monies she receives for all four kids is not enough to sustain her.   My husband then called the Mooreesberg police department and asked them to escort him as he didn’t want to make any trouble but please to advise the mother that it would be in the kids best interest to stay with us.   She refused and advised the police officer that the daughter wanted to stay with her. We contacted the Social worker who then emailed the police department a full report and mentions in their, That it is in fact in the best interest of the children to stay with the father. My husband right now has no say over the matter as she was given Primary custody of the kids  This is wrong! How do you as the Primary castodian remove your child from one school to another without prior communication? The girl has moved schools 4 times and she is in grade 5 now. The boy has moved schools 7 times and his now grade 8 and failed twice due to the mother’s negligence.   Is their anything we can do or anything I can advise my husband to do?   We have a pending case with child welfare? Logged a complaint with the maintenance court? 2 years is a bit long to be waiting due to the mother failing to appear in court. What can we do besides going to the high court and attempting to get custody of the kids?   Does my husband have to pay maintenance to her for the girl? She will use the monies for her own personal benefit. What about the two years that they stayed with us and she did not contribute a cent?  What is the best way forward. As I feel that the justice System fails so many wonderful father’s. And rule in favour of unfit mothers who use their kids as pawns to get maintenance and grants.   We would really love to have her back with us as well. But getting primary custody seems Doom and Gloom if the social workers are still working the case 2 years later.   Please advise soonest,3404, If I do cancel as I haven’t decided yet, how do I do that? And if I cancel can I reopen the case in future?,3430, Good day You must inform the Court. Contact them. Yes, you may apply again.,3436, Good day We strongly suggest that you see a lawyer and make an urgent application to the court for the return of the child. Regarding maintenance, if there is an order, he needs to then apply for its setting aside after the child is returned.,3444, Good day We advise that you approach the Children’s Court in your area for assistance. They may grant you an order dealing with your parental responsibilities and rights.,3478, good day   i ahve a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3524, good day   i have a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?,3525, Good day You do not mention the father’s earnings. If he can afford to pay more, the court would order so.,3531, Good Day   the father earns twice as much as i do and our daughter is his only child.,3537, GOOD DAY MY SON HAS 1 CHILD WIH ONE WOMAN AND 2 WITH ANOTHER WOMAN, THEY ARE TRYING TO BLEED HIM DRY THE ONE CUSTODY WAS FOR R 4500.00 FOR THE 2 AND SHE THREATENS HIM AND HE HAS TRIED TO TAKE HIS LIFE 3 TIMES NOW BY SLASHING HIS WRISTS AND WE AS PARENTS MUST PICK UP THE PIECES AND SHE HAS STARTED THREATENING HIM AGAIN AND IF I LOOSE MY SON BECAUSE OF THEM WHAT DO I DO WALD CALMLY AWAY ?????????????????????????????/,3547, Good day Then he needs to pay about double what you would pay or spend on the child.,3551, Good Day   My ex husband is a medical DR and he has been giving 1250×2 for our two daughters since 2015. and pays for their school fees (23500 a year for both kids) and buys 750 clothes for each child. i have been to court to increase this but with no help the whole year of 2018 January to December been to court. i have done section 31 because he wasn’t paying for the kids medical aid and on the order done in 2015 it stated that he should pay or put both the kids to the medical aid but he never. again he has no relationship with the kids to know what they need nor on their birthdays or xmas he buys them presents. he makes about   i have bought a house where i stay with the kids and put both on my medical aid . please advice what i must do in this case.,3563, Hi if missed the court date due to work what can I do to get another date. So the father of my child wasn’t served because I had to be there with the police so I’ve been told I’m confused as to how it works.,3583, Good day If you and the father were not at the Court, then the Court most probably removed it from the court roll. It is best you re-apply or call the court to find out what you should do.,3624, Good day You should apply for an increase in child maintenance at the maintenance court.,3629, Good day Your son must go to the police and obtain a protection order against them.,3632, Good day. I have a child out of wedlock. When I left her father she was 2years now she’s going onto 7years I never claimed maintenance cause I was always turned away by the courts cause he wasn’t working. He was in a car accident years back and now as collected a portion of his R.A.F money. Can I now claim maintenance? If so what is the procedure?,3658, Good day, I am going to court in March 2019, the father of my child has never ever taken care of our son financially since he was born. Is the court able to backdate the money that I want to claim for maintenance?,3665, Good day We have been divorced for 5 years and my ex has only paid maintenance for 2 of those. He is self employed and in and out of work. I ask every month but he makes excuses for not having any money to give. He says he doesn’t have a bank account due to bad debt. What can be done if he works unconsistantly and in all probability doesn’t really make a concerted effort to find work? Thanks in advance,3666, My husband and his x_wife separate has been 4 years ,she divorce outside usa ,she mentally&emotionally torture my husband even these days,he take care of his son even more than he effort,now she filed child support but my husband fail to prove ho w much he spent on him what to do next,3668, Your husband needs to work out his income and expenses. If he cannot do that, then he will encounter problems.,3669, Good day   We still advise you to take the matter to the maintenance court. The maintenance court would then deal with him.,3671, Good day Yes, the court is able to make such an Order.,3672, Good day The same way you applied the first time for maintenance, you should apply now. Go to the Maintenance Court ASAP.,3677,

Posted on by Telelaw

ABC guide on how to obtain a Protection Order

The Steps to follow

The steps to follow to obtain a Protection Order in domestic violence situations are regulated by the Domestic Violence Act 116 of 1998 (hereafter referred to as the act). I strongly suggest that you consult an attorney, advocate or family lawyer should your matter be complicated. Below is a simple A B C guide outlining a few simple steps that a complainant (the person affected by domestic violence) has to follow in order to obtain an interdict (Protection Order) against another person? However, before these steps may be laid down important to know whether you should approach the Domestic Violence Court or the South African Police Services for a Peace Order: Speak to them about it.

Q: What is a Protection Order?

A: In simple terms, a protection order is an order granted by the Domestic Violence Court which prohibits the person whom the order was made against to commit any acts of domestic violence against you. Furthermore, a Court might grant you an interim Protection Order with basically the same effect as a Protection Order which will be finalised later.

Q: Who may approach the Domestic Violence Court?

A: In order to approach the Domestic Violence Court, you have to be a complainant as described by the Act. According to the Act, such a person is someone who is or has been in a domestic relationship with a respondent (the person committing the domestic violence) and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant. So, therefore, the next question is what is a domestic relationship?

Q: What is a Domestic Relationship?

A: According to the Act, a “domestic relationship” means a relationship between a complainant and a respondent in any of the following ways: (a) They are or were married to each other, including marriage according to any law, custom or religion; (b) They live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other; (c) They are the parents of a child or are persons who have or had parental responsibility for that child (whether or not at the same time); (d) They are family members related by consanguinity, affinity or adoption; (e) They are or were in an engagement, dating or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration; or (f) They share or recently shared the same residence. Now the last question is, what is domestic violence? Q: What is domestic violence? A: According to the Act, domestic violence” means- (a) Physical abuse; (b) Sexual abuse; (c) Emotional, verbal and psychological abuse; (d) Economic abuse; (e) Intimidation; (f) Harassment; (g) Stalking; (h) Damage to property; (I) entry into the complainant’s residence without consent, where the parties do not share the same residence; or (j) Any other controlling or abusive behavior towards a Complainant. Therefore, if you are experiencing domestic violence, the following simple steps have to be followed in order to get you started:

Step 1

Write on a page all the incidents of domestic violence done to you or to your children on paper. Be very clear with the names of people, dates and times. Take your time as this information you will have to fill onto a form at Court, which is dealt with in step 2 below. Tip: If you fill in the form at Court without first making a draft to work from at your convenience, you might be so nervous at Court and leave out valuable information. Find out all the details of the person whom you want to be protected against domestic violence, e.g. his/her home and work address and identity number, etc.

Step 2

Go to the Domestic Violence Court closest to your area and the Clerk of the Court will give you a form to fill in. The form is referred to as an Application for Protection Order form. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you therefore have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information from the Court or unduly exaggerate. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour.
  • If you require any assistance in filling in the form, the Clerks of the Court would be happy to assist you.
  • Once you have filled in the Application for Protection Order form, return it to the Clerk who will have it commissioned.
  • The Clerk of the Court would then take the completed documents to a Magistrate who would read through it and might want to speak to you as well. The Court will then do one of 3 things:
(a) Dismiss your application if there is no evidence that domestic violence is taking place. (b) Grant you an Interim Protection Order which will be finalized on a date provided by the Court where the Respondent will have a chance to give his / her side of the story; or (c) Postpone the matter without granting an Interim Protection Order and provide a date where the Respondent will get a chance to give his / her side of the story. PLEASE NOTE: An Interim Protection Order has no force and effect until it has been served on the Respondent as in step 3 below. Therefore, do not waste time in getting it served.

Step 3

Now the Respondent has to be informed about the application to Court and the date which both of you have to be back at Court. Depending on the Court, the Clerk of the Court might give you the necessary documents to drop at the Police Station or Sheriff’s Office operating where the Respondent lives or works in order to have it served on the Respondent. Make sure that you receive proof from the officer serving the documents on the Respondent that he has done so.

Hint: The South African Police Services does not charge to serve these documents but the Sheriff does.

If the Respondent commits any acts of domestic violence towards you, report the matter immediately to the Police and if there is no Interim Protection Order in place, go immediately back to the Domestic Violence Court and state your case in order to get one. Go back to Court on the date provided and state your case. If there are grounds, the Court will grant you a Protection Order. If you have a Protection Order against you, it is possible to have it varied or set aside. Consult the Court, your Attorney, Advocate or Family Lawyer in this regard. This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please like and share it on Social Media by clicking on the icons below. For more interesting articles and information on Family Law, view our articles and Q&A page. If you have a family law related legal issue and you want someone to answer or reply to it, feel free to post it on our Family Law Blog. Therefore, kindly like and share. Should you require any other legal services and advice, not related to family law, visit Private Legal.

 
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