A survivor of severe physical abuse arrives at a police station to open a criminal case but is redirected to a protection order instead of having a criminal docket opened.
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The Situation
What They Said
“I am laying a formal charge of assault with intent to do grievous bodily harm, which carries a mandatory minimum sentence under Section 51 of the Criminal Law Amendment Act. Please open this docket now.”
Your partner strangled and beat you severely. When you arrive at the police station, the officer on duty suggests you apply for a protection order or 'sort things out at home,' downplaying the severity of the attack and refusing to open a criminal case. Your injuries are visible and documented.
Your Response
How to Respond
I am not here for a protection order only — I am here to open a criminal case of assault with intent to do grievous bodily harm. Section 2 of the Domestic Violence Act places a legal duty on you to open this docket. This person faces mandatory minimum sentencing under Section 51 of the Criminal Law Amendment Act. Please call your station commander to the desk if you will not open this case now, and give me your name and badge number.
Tone: Firm, clear, and deliberate. Speak slowly and loudly enough to be heard. Do not be rushed or talked down. If there is a friend or victim support worker with you, have them witness the conversation.
Now say it out loud. The Advocate walks you through this scenario with audio, law references, and Scripture — so the words come out right when it matters.
Domestic Assault Is a Private Matter, Not a Police Matter
The officer is treating a serious criminal assault as a private dispute to be resolved domestically. This is both legally wrong and dangerous. Severe physical assault, strangulation, and grievous bodily harm are serious crimes regardless of the relationship between the people involved. The police have a legal duty to open a criminal docket when a serious crime is reported — they cannot substitute a civil protection order for a criminal case.
What the Law Says
Your Legal Foundation
Criminal Law Amendment Act 105 of 1997
Section 51 — Imposition of compulsory minimum sentences for certain serious offences
“Section 51 mandates that a court must impose specified minimum sentences — in some cases life imprisonment — for serious offences including assault with intent to do grievous bodily harm and offences committed in the context of domestic violence, unless substantial and compelling circumstances justify a lesser sentence.”
Knowing this law strengthens your demand that the police open the correct, serious criminal charge. The mandatory minimum sentence framework signals that the law treats severe domestic assault as a serious crime with major consequences — not a private argument.
Domestic Violence Act 116 of 1998
Section 2 — Duty of police officials
“Section 2 of the Domestic Violence Act places a legal duty on every police official at the scene of or reporting a domestic violence incident to assist the complainant and to inform them of their right to lodge a criminal complaint, in addition to any other remedy available.”
The police cannot legally refuse to open a criminal docket and divert you exclusively to a protection order. You have the right to both — simultaneously.
What Scripture Says
God's Word on This
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“Defend the weak and the fatherless; uphold the cause of the poor and the oppressed. Rescue the weak and the needy; deliver them from the hand of the wicked.”
God's Word calls those in authority to actively protect the vulnerable from violence, not to dismiss their suffering as a private matter. The police carry this responsibility by law and by conscience.
Practice
Drill Prompt
A police officer tells you that domestic violence is a private matter and that you should try mediation before opening a criminal case. What is the correct response?
What They'll Say Next
Blindside Counter-Arguments
After you give your response, they may push back. Here is how to handle each counter-argument.
They might say: “The officer says you should rather apply for a protection order because criminal cases 'take years' and the protection order will keep you safe faster.”
Your response: A protection order and a criminal case are not alternatives — I want both. Please open the criminal docket now and I will apply for the protection order separately. My immediate safety and the criminal accountability of the abuser are both important.
They might say: “Family members from both sides pressure you to withdraw the charges, saying you are destroying the abuser's career or breaking up the family.”
Your response: My physical safety and my life come first. The law does not require me to protect my abuser from the consequences of their actions. I am proceeding with the criminal charges.
Hear Your Rebuttal Out Loud
Audio playback, word-by-word highlighting, self-assessment drills, and 389 scenarios across 17 South African law domains. Free to start — no credit card needed.