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What is domestic violence?
Domestic violence and the older persons act 13 of 2006 The Domestic Violence Act should be used hand in hand with the Older Persons Act, when issues of abuse of elderly people are brought to the attention...
What is maintenance abuse?
“Maintenance” refers to the financial support provided by one person to another, typically to ensure that the recipient has adequate means for their living expenses. The primary focus is on the maintenance...
What is harassment?
Harassment refers to a person acting in a manner that causes the complainant to fear harm. Harm refers to any mental, psychological, physical or economic harm. A complainant may become ill, both mentally...
Domestic violence and the older persons act 13 of 2006
The Domestic Violence Act should be used hand in hand with the Older Persons Act, when issues of abuse of elderly people are brought to the attention of the court. The Older Persons Act provides legislation and mechanisms to protect, assist and empower the elderly
The synergy between the Domestic Violence Act and the Older Persons Act is clear if one understands that the elderly person will be immediately protected from acts of domestic violence or abuse by using the provisions of the Domestic Violence Act and then the elderly person can be assisted by using the mechanisms in the Older Persons Act to ensure that the abuse or violence does not continue and to improve the living circumstances of the elderly person.
Definitions |
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|---|---|
ARM |
any arm as defined in section 1 (1) or any armament as defined in section 32 (1) of the Arms and Ammunition Act, 1969 (Act 75 of 1969); |
CAPTURE |
to store documents in the— (a) manner; and (b) format, in the integrated electronic repository, as may be provided for in the directives contemplated in section 6A(3)(i) |
CARE GIVER |
means any person older than 18 years who, in relation to a child, a person with a disability or an older person, takes responsibility for meeting the daily needs of, or is in substantial contact with, such person |
In general, six types of elder abuse can be identified
Most abusers of elderly people are those trusted by the elderly person.
Physical Abuse |
Sexual Abuse |
Emotional Abuse |
Neglect |
Abandonment |
Financial Abuse |
Who may bring an application for domestic violence
LOCUS STANDI
- A complainant.
- A minor child may bring an application without the assistance/consent of an adult.
- Another person on behalf of the complainant with material interest in well-being of complainant.
- Complainant on behalf of their biological child
- Functionaries
Where the complainant is a child and the court considers the application to be in the best interests of that child or a person who, in the opinion of the court, is unable to provide the required consent, an affidavit of consent from the complainant in the form of (Form 7), is not required. In all other instances Form 7 is required.
Service of documents
SECTION 13
Service of any document in terms of this Act must be affected immediately on the person affected by it at their residence or place of business, employment or study in the prescribed manner by the clerk of the court, the sheriff or a peace officer.
Where the complainant and respondent share the same residence, the service of documents referred to in sections 5(3)(a) or (4) and 6(5)(a), must be effected by hand on the respondent personally; and (ii) referred to in sections 5(7)(c) and 6(5)(b), must be effected by hand on the complainant personally.
If the court is satisfied that service of any document cannot be effected in the prescribed manner, the court may make an order allowing service to be effected in the form or manner specified in that order.
Exclusion of witnesses
The court may, if it is satisfied that it is in the interests of justice, exclude any person from attending any part of the proceedings.
In camera proceedings
SECTION 11(1)(b)
Nothing limits any other power of the court to hear proceedings in camera or to exclude any person from attending such proceedings.
Publication of information
SECTION 11(2)(a)
In terms of section 11(2)(a), no person may publish in any manner any information which might, directly or indirectly, reveal the identity of any party to the proceedings.
In terms of section 112(b) if it is satisfied that it is in the interests of justice, may direct that any information relating to proceedings held in terms of this Act may not be published: Provided that no direction in terms of this subsection applies in respect of the publication of a bona fide law report which does not mention the names or reveal the identities of the parties to the proceedings or of any witness at such proceedings.
Legal representation of parties
SECTION 14, REGULATION 35
The Magistrate must explain the right to legal representation to all parties to the proceedings including the right to legal assistance by Legal Aid.