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(3) indicate that in terms of the Domestic Violence Act a court which
issues a protection order against a spouse may prohibit that spouse
from entering the shared residence, or any part of such a residence
(4) indicate that in terms of the Domestic Violence Act a court which
issues a protection order against the perpetrator of domestic violence
may refuse him or her contact with any child
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CONTENT OF THIS STUDY UNIT
1 THE DOMESTIC VIOLENCE ACT 116 OF 1998
Protection orders The Domestic Violence Act makes provision for the granting of protection
orders with which any person who is, or who has been, in a domestic
relationship, and who is, or who has been, subjected or allegedly subjected
to domestic violence, can protect him or herself. The terms ``domestic
relationship'' and ``domestic violence'' are defined in broad terms in the
Act so as to cover as many cases of domestic violence as possible.
Field of application The Act affords protection to any person who is, or who has been, in a
domestic relationship with the perpetrator. Take note that it includes, inter
alia, persons who are, or who were, married to each other, and that for the
purposes of the Act ``marriage'' refers to a marriage according to any law,
custom or religion. Thus, for example, Muslim spouses and spouses in a
customary marriage also enjoy protection in terms of the Act. Further,
note that it also includes persons who live or lived together in a
relationship in the nature of marriage, although they are not, or were not,
married to each other. This is the case even if they are unable to marry
each other, and regardless of whether they are of the same or the opposite
sex.
Prohibitions In terms of the protection order the perpetrator is, inter alia, prohibited
from committing certain acts (which are broadly defined in the Act).
Except from prohibiting the perpetrator from committing any act of
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