With such a large proportion of rapes linked to domestic violence, we have prepared a domestic violence guide, which can also help you with information on obtaining a protection order, and provides the contact details of various organisations that can help you.
Legal Protections and Rights You Have
Understanding your legal rights can help you, or those you know that are escaping the cycle of abuse. South African law provides several legal avenues to protect victims and offer a path out of violent situations. Here’s a breakdown of what you need to know:
1. Protection Orders
A protection order prohibits your abuser from approaching or contacting you. Accessible through the Magistrate Courts, protection order applications do not require the involvement of a lawyer or costly legal fees – Solace can provide advice and guidance through this process. You may also apply for an interim order to receive protection while your case is reviewed, providing much-needed safety measures, including forbidding the abuser from entering your workplace or home and confiscating any weapons they may own.
We are proud to support People Opposing Women Abuse (POWA) and prepared this guide to help the community they support and you.
Contact our legal advisors to guide you through the process.
What Happens if the Abuser Disobeys the Protection Order?
The abuser can be arrested and will face criminal charges. Breaching a protection order is a serious offense with legal consequences. You may file a complaint at your nearest police station and the courts can issue a Warrant of Arrest.
Contact one of our legal advisors for further information.
2. Financial Rights and Independence
Many victims feel trapped due to financial dependency on their abusers. With Solace, we can help manage your money with customised plans and debt assistance. With our POWA Care Pack, you have an extra resource available to help you take control of your financial independence with valuable budgeting advice.
3. Dealing with Trauma
Recovering from trauma is a unique journey that requires time, support, and compassionate care. Solace Trauma Assist service offers access to essential resources like telephonic and face-to-face counselling, helping survivors find hope, resilience, and the strength to reclaim their lives. Feel empowered to explore coping strategies and take steps toward healing.
Legislation for a Safer South Africa
Over the past few years South Africa has passed significant legislation to strengthen protections for women and children against violence and abuse:
1. Domestic Violence Amendment Act 14 of 2021
This strengthens protections for victims of domestic violence by introducing definitions such as coercive and controlling behaviour as well as expanding the definition of domestic violence to include spiritual abuse, elderly abuse, coercive and controlling behaviour. The Act also enhances reporting tools and improves victim support. This means victims have more legal protection, the reporting process is simplified, and support services are more accessible.
2. Criminal Law (Forensic Procedures) Amendment Act 8 of 2022
This allows the collection of DNA samples from offenders to solve crimes in South Africa. This means that if someone has been convicted of crime, their DNA can be collected and used to help solve cases by helping law enforcement identify offenders.
3. National Council on Gender-Based Violence and Femicide Act, 2024
This Act, was signed into law on 24 May 2024. It establishes a council in South Africa to coordinate and monitor efforts to fight gender-based violence and femicide (GBVF). It aims to create policies, support survivors, raise awareness, and ensure accountability among organisations addressing GBVF issues.
4. Criminal and Related Matters Amendment Act 12 of 2021
This Act strengthens protections for victims of crime, especially victims of gender-based violence (GBV). It makes it harder for people accused of violent crimes to get bail and emphasises the safety of victims and witnesses. It also increases the courts power to provide protection orders, and the courts can issue stricter penalties for the crimes. Victims and vulnerable groups are better supported by the courts.
Do You or Someone You Know Need Help?
If you or someone you know is experiencing violence, know that help is available. Solace offers legal, debt and budgeting advice, as well as emotional support to guide you through these challenging times. Organisations like POWA provides a place of safety, counselling and support to women who need assistance.
Standing Together for a Safer Tomorrow
During the 16 Days of Activism, stand with us to raise awareness, support victims, and challenge the norms that perpetuate abuse. Through education, support, and unwavering commitment, we can work to eradicate gender-based violence in South Africa and build a society where everyone can live with dignity and respect.
With Solace, you’re not alone
