Civil Procedure
Domestic Violence
Domestic violence is any pattern of abusive behaviour — physical, sexual, emotional, verbal, psychological, or economic — by a person in a domestic relationship with the victim.
Legal Definition
Defined in the Domestic Violence Act 116 of 1998 to include physical abuse, sexual abuse, emotional abuse, verbal abuse, psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, and unlawful entry into the complainant's residence.
📖 Constitutional / Statutory Basis: Section 12, Constitution of the Republic of South Africa, 1996; Domestic Violence Act 116 of 1998
Practical Example
A spouse controls all household finances, withholds money, and threatens to take the children. This is economic abuse and qualifies as domestic violence.
Frequently Asked Questions
Does domestic violence only cover physical assault?
No. The Act is broad — it includes emotional abuse, stalking, harassment, economic control, and damage to property.
Can men be victims of domestic violence?
Yes. The Domestic Violence Act protects all genders — the law applies where there is a domestic relationship, regardless of sex.
What if police refuse to help with domestic violence?
Police have a legal duty to assist under the Act. You can report non-compliant officers to the Independent Police Investigative Directorate (IPID) or the SAPS Complaints Centre.
Related Terms
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