The festive season and domestic violence

The year is drawing to a close and all eyes and minds are focused on the annual festivities, culminating in the big one. It also brings with it a high level of anxiety, fear of the unknown, increased criminal activity and a feeling of helplessness where inadequate provision has been made.

Domestic violence or abuse is regulated by the Domestic Violence Act, which applies when there is violence in a domestic relationship. The police provided the following pointers regarding domestic violence.

WHAT IS A DOMESTIC RELATIONSHIP?

A domestic relationship exists with –

* someone you are or were married to

* your parents or guardian

* any family member(s), including your own child(ren)

* anyone you have been living with, whether married or not

* your partner of the same sex

* someone you went out with, even for a short time, or had sex with

* someone with whom you share a child

WHAT IS DOMESTIC VIOLENCE?

The following can be regarded as domestic violence:

* Sexual abuse (whether married or not)

* Physical abuse or assault

* Threats of harm

* Damage to property or anything you value

* Repeatedly following or approaching you or your children (stalking)

* Economic abuse – keeping money to which you are legally entitled from you in an unreasonable manner, by

? refusing to pay or share the rent or mortgage bond for the home you share

? disposing of any property (household goods) in which you have interest, without permission

* Emotional abuse (degrading or humiliating behaviour, including repeated insults, belittling, name-calling or threats)

* Any other controlling or abusive behaviour that may harm your safety, health or well-being

WHAT ARE YOUR OPTIONS IF ABUSED?

You have the right to –

* apply for a protection order at the nearest police station or magistrates’ court

* lay a criminal charge at the police station, as well as apply for a protection order

WHAT IS A PROTECTION ORDER?

It is an order issued by a court at your request, ordering a person with whom you have or had a domestic relationship, to stop the abuse. It may also prevent the person from getting help from any other person to commit such acts. An interim protection order can also be issued, day or night, to protect you from danger.

WHO MAY APPLY FOR AN ORDER?

* Any victim of domestic violence

* Children, and if they are too young, the parent or guardian, as well as any person on behalf of someone they are responsible for, but with their permission

* A police official

THE POLICE’S COMMITMENT TO THE VICTIM

The Police are committed to treating a victim of domestic violence with sensitivity and care. They will –

* treat you with respect and dignity

* listen to what you have to say

* not insult or blame you or suggest that it was your own fault that you were abused

* assist you with empathy and care

* inform you of your rights and options. To ensure that this has been done, they will ask that you sign the Occurrence Book at the police station

* provide you with a notice in a language you understand, and explain how you should proceed

* make an effort to find someone to address you in a language you understand

* take your statement in privacy and not in the presence of the abuser or the public

* decide, on the basis of your statement, whether to arrest the abuser and take his/ her firearm as well as determine your needs and how to assist you

* serve a protection order on the person against whom it was made as directed by the court

* keep a copy of the protection order and record every arrest made as proof for you

* note your complaint in the Incident Register at the station as further proof of your reporting the matter. This will also enable the police to report on the progress with your case

WHAT WILL THE POLICE DO AT THE SCENE?

* They will protect you.

* They will ensure that you are not in danger.

* They will take your statement in privacy.

* If an offence has been committed and if you are in danger, they will arrest the offender without a warrant.

* They will search the premises and seize any firearm found in the possession of the person who has threatened to kill or injure anyone. They will also do this if they are satisfied that the offender’s mental state, inclination towards violence and dependence on alcohol or drugs would influence their behaviour and pose a threat to anyone.

WHAT OTHER ASSISTANCE WILL THE POLICE PROVIDE?

They will assist you, where possible, to access –

* medical assistance

* a shelter

* victim counselling

They will inform you of –

(a) the support services that are available in the area

(b) shelters in the area if you need to leave your home

(c) counselling services

(d) nearby hospitals

(e) ambulance services

(f) medical practitioners

(g) services that are for free

(h) the time of day these services are available

* They will ensure that a medical officer collects and records any medical evidence in support of any criminal charge.

* They will accompany you to your home to assist you in collecting personal property if this is provided for in a protection order that has been issued.

WHAT TO DO IF THE POLICE MEMBER DOES NOT CARRY OUT THESE COMMITMENTS

* Should a police officer fail to carry out these commitments, report the matter to the station commissioner of the particular police station.

* The complaint will be noted in a complaints register, stating the name of the member, the date of your complaint and the details of your complaint.

* The station commissioner will discipline the member.

* The Police Service will also refer the complaint to the Independent Complaints Directorate (IPID) for their recommendations.

* If you are not satisfied with the way in which the station commissioner is dealing with the complaint, you may personally report the matter to the IPID.

* They will send monthly reports on complaints against police members to the Police National Head Office.

WHAT TO DO IF THE ABUSER DISOBEYS THE PROTECTION ORDER

* Phone the police.

* A statement will be taken from you.

* Provide the police members with the warrant of arrest you received with the protection order (if you have lost it, apply at the court for another one).

* If you are in immediate danger the abuser will be arrested, otherwise the abuser will be given a notice to appear in court the next day.

HAVE A CRISIS PLAN READY

* Identify places where you can quickly and easily use a phone.

* Always carry a list of emergency numbers.

* Make sure that the people you usually visit, are in possession of a copy of the protection order and/ or warrant of arrest.

* Put some money in a safe place so that you can take a taxi or bus in case of an emergency.

* Have an extra set of keys for the house or car.

* If possible, have a set of clothes for yourself (and your children) packed in a bag, and keep it in a safe place (e.g. at the neighbours). If you are planning to leave, leave when your partner is not around, and take your children with you.

* Make sure that you are in possession of essential documents such as IDs, your medical aid card, and your savings/ credit card.

WHO CAN YOU CONTACT?

Contact your local police station or any of the following organisations:

SAPS Crime Stop 08600 10111

Women Abuse Helpline 0800 150 150

Childline 0800 055 555

Do you perhaps have more information pertaining to this story? Email us at roodepoortrecord@caxton.co.za (remember to include your contact details) or phone us on 011 955 1130.

For free daily local news on the West Rand, also visit our sister newspaper websites Randfontein Herald, Krugersdorp News and Get It Joburg West Magazine

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