Family Law

Domestic Violence

If a partner, spouse or anyone else is behaving towards you or your children in an aggressive, threatening or frightening way, then you should contact the police immediately. If you are in danger or afraid for your own safety or that of your children at any time, then it is the police who will be able to respond immediately and to protect you. You should then consult us to explore other legal protection which is available to you. These take time to be put in place and require an application to the court.

The most common are:

Interdict

An court order preventing someone doing something to you which they should not be doing – such as threatening you, coming to your house, using violence towards you, contacting you – something which causes you to be afraid or alarmed or distressed. To get an interdict, you need to detail exactly what has been happening to you and when, sometimes to produce details or pictures of text messages or facebook posts – and to describe how that has affected you or your children – and to provide confirmation of that where possible from another person who will usually be a friend or family member. You can apply for an interdict on behalf of your children.

Exclusion Order

A court order taking away your spouse or partner’s right to continue living in the same house as you. This is a difficult order to get as the law regards highly a person’s right to live in their own house. It will be granted if we can demonstrate to the court that your partner has behaved towards you in an unreasonable way, that this is likely to continue and that the behaviour has affected your health (mental and/or physical) or that of your children. A report from your GP can be helpful along with confirmation from family, friends or work colleagues. Whilst you are applying for an exclusion order, you can move out of the house to be safe and live elsewhere until the order is granted.

Power of Arrest

This is usually applied for along with an interdict or an exlusion order and means that if the person breaks or ignores these orders then he or she will be arrested by the police. The court has to be satisfied that the conduct will continue unless the power of arrest is granted and that the power is necessary. The power of arrest can last for up to 3 years.

Non Harassment Order

This is appropriate if someone is harassing you. Harassment includes behaviour, speech or presence in any place or area. Everyone has the right to be free from harassment and it is recognised as a form of domestic abuse.