Criminal Law
Domestic Violence Criminal Charges in South Africa
Domestic violence is a serious criminal and civil matter in South Africa. The Domestic Violence Act 116 of 1998 creates both a protection order process and a framework that works alongside criminal prosecution.
This guide explains the protection order process and how domestic violence matters are treated in the criminal courts. It is general information only; both complainants and accused persons should speak to an attorney about their own situation.
What counts as domestic violence under South African law?
The Domestic Violence Act 116 of 1998 defines domestic violence broadly. It includes physical abuse, sexual abuse, emotional abuse, verbal abuse, psychological abuse, economic abuse, intimidation, harassment, stalking, and damage to property.
The act applies to people in a domestic relationship: spouses, life partners, family members, those who share or recently shared a home, parents of a shared child, and those in a dating relationship.
Protection orders
A complainant may apply to the Magistrates' Court for a protection order at no cost. An interim protection order is usually issued quickly and the respondent is then given an opportunity to appear and oppose it.
A final protection order, if issued, prohibits the respondent from committing acts of domestic violence and may impose conditions such as staying away from the complainant's home or workplace.
- Breaching a protection order is a criminal offence under the Domestic Violence Act 116 of 1998.
- A police warrant of arrest is issued when the protection order is served, so that police may arrest the respondent immediately if it is breached.
Criminal charges
Domestic violence incidents often also constitute common-law criminal offences such as assault, assault with intent to do grievous bodily harm, rape under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, crimen injuria, and intimidation.
These are prosecuted through the criminal courts under the Criminal Procedure Act 51 of 1977, separately from the civil protection order process.
Facing domestic violence charges? Get legal advice early.
Speak to a criminal defence attorneyWhat accused persons need to know
Being served with a protection order or arrested for a domestic violence offence has serious consequences including a criminal record if convicted, the automatic surrender of firearms under the Firearms Control Act 60 of 2000, and potential impact on employment.
An accused person has the right to legal representation and to contest the protection order application in court. Acting early — before the final protection order is made — is important.
What complainants need to know
Complainants may withdraw a complaint at any stage, but prosecutors can continue with a prosecution even if the complainant withdraws. This is because domestic violence is treated as a matter of public interest.
An attorney can advise a complainant on the protection order process, how to present evidence, and what to expect in the criminal proceedings.
Whether you are a complainant or respondent, legal advice is important.
Speak to an attorney about your situation