Abstract
The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.
Highlights
In the first part of the series on magistrates and the Domestic Violence Act (DVA), magistrates’ opinions about the general substance and workability of the Act were discussed
The second part of the series considers magistrates’ interpretation of more controversial issues such as the temporary removal of the abusers (‘respondents’) from the common home, emergency monetary relief, and orders specifying the terms of contact with children.[2]
Prohibiting ‘abusers’ from entering the common home section 7(1)(c) and 7(2)[3] of the DVA provides that magistrates may grant an order that prohibits the respondent from entering his/her residence that is shared with the complainant – or a part of that residence – magistrates are reluctant to enforce this provision
Summary
In the first part of the series on magistrates and the Domestic Violence Act (DVA), magistrates’ opinions about the general substance and workability of the Act were discussed (see SA Crime Quarterly No 7, March 2004). Respondents are generally only prohibited from entering the shared residence for a temporary period, until the complainant and respondent agree on the living conditions or until the complainant applies for a formal order to remove the respondent through the High Court.
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