Domestic Violence

Compassionate Domestic Violence Lawyers in Roodepoort and Centurion

Our domestic violence lawyers understand that these types of matters are particularly emotional and taxing for clients. For this reason we take special care to ensure that our clients are assisted with dignity, compassion, and professionalism.

At Vermeulen Attorneys we are well-equipped to deal with domestic violence matters on behalf of our clients. Whether you wish to launch proceedings to protect yourself against domestic violence, or wish to oppose a domestic violence application which was wrongfully brought against you, we can help.

Domestic Violence Process

The Applicant approaches the Domestic Violence Court with an Application Form.

A Magistrate considers the Application and, if satisfied that a case has been made out, issues an Interim Protection Order.

The Interim Protection Order and a copy of the Application are served on the Respondent (the person who committed the act of domestic violence).

The Interim Protection Order will indicate a date for final consideration of the matter, on which date both Applicant and Respondent must be present at Court to state their case.

If the Respondent wants to oppose the matter they are required to prepare an Affidavit to show good cause to the Court why the Protection Order must not be made final. If the want to anticipate the Court date, they can do so on 24 hours written notice.

The matter is heard at Court and both Applicant and Respondent are given an opportunity to state their case. Once the Court has heard all the evidence, the Court will either make the Interim Protection Order final or set it aside. If the respondent’s does not show up on this date, the order will usually be made final. If the Applicant does not show up on this date, the order will usually be set aside.

Frequently Asked Questions

I want to approach the Domestic Violence Court. Will my spouse know that I have applied for a Protection Order?

You are able to approach the Domestic Violence Court on an Ex Parte basis. This means that your spouse will not know you have approached the Court. If you have made out a case, an Interim Order will be granted to safeguard you in the interim. Your spouse will, however, have an opportunity to state their case before Court in due course. The Application which you lodge at Court is served on your spouse together with the Interim Protection Order, if you are granted one.

My spouse has wrongfully taken out an Interim Protection Order against me, and I cannot see my children or enter my property. What can I do?

The Domestic Violence Act provides for you to anticipate the hearing date of the matter. This means that, upon 24 Hours written notice, you can place the matter before a Magistrate for hearing in order to state your case. If the Magistrate is satisfied that the Order should not have been granted, the Interim Order will be set aside.

Can I be granted costs against someone in the Domestic Violence Court?

Yes, but only if the person acted frivolously, vexatiously, or unreasonably.

What constitutes domestic violence?

Domestic violence is any of the following:

Physical abuse;
Sexual abuse;
Emotional, verbal and psychological abuse;
Economic abuse;
Intimidation;
Harassment;
Stalking;
Damage to property;
Entry into the complainant’s residence without consent, where the parties do no not share the same residence; and/or

Any other controlling or abusive behaviour towards a complainant.