The Unofficial Domestic Violence Pages ==== South Africa

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The Unofficial Domestic Violence Pages

The Injustice and Consequences.

It is an appalling fact that the South African Domestic Violence Courts rarely establish whether the allegations made by the applicant (or so-called witnesses) are true or not. If for some reason you did not appear in court on the stipulated date and time, and the order has been confirmed and made final the Justice System (Magistrates) have basically given the applicant a licence to use the government authorities to make your life hell.

The respondent can simply pick up the phone or go to the police and state that you have not complied with a specific prohibition or condition of the order. For example, if the order states that you may not make contact with the applicant, and an allegation is made that you sent the applicant an SMS or phoned him/her, you stand the risk of being arrested.

If you happen to be a male, your chance of being arrested is 99%. This is due to the incorrect perception that men are responsible for the majority of Domestic Violence. This is unfortunately a perception shared by the majority, including policemen.

A vindictive spouse (or any applicant) will continue to bombard the police with false allegations creating the impression that you are a true menace to society. The allegations do not even have to be substantiated !

The current trend is to accept accusations of domestic violence as true without even looking at the evidence.

THE CONSEQUENCES:

On your first arrest you will be taken to the nearest police station (or Community Centre as it is now called).

You will be fingerprinted, and if you are lucky you will be released on a warning to appear in court on a charge of contravening a protection order.

Once you have appeared in court the case will be postponed for a future date. In South Africa the case will unmistakably be postponed a number of times before it is finally set down for trial.

On your second arrest you will not be released on a warning. You will be fingerprinted again and detained in a police cell. You will appear in court on another charge of contravening a protection order. Be prepared to spend long hours waiting in the court holding cells with other criminals.

Because the previous offence will in all probability still be pending, you can expect to be released on bail (Anything between R500-00 - R2000-00). Depending on the severity of the allegations, you may also be placed under correctional supervision (house arrest) as a further condition of your bail.

God help you if you commit any further offences while under house arrest!

The legal process is unhurried so be prepared to travel to court once a month for a period of one year or longer.

Your case(s) will be postponed for various reasons:

There may be no Magistrate or State Prosecutor available on your court date.
The other party concerned may not be present.
The police docket may not be at court, or may be missing.
The case(s) may be postponed for further investigation.
Etc .......


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