The family courts intended to bring all family matter-related matters together as a cluster within the courts, specialized courts.
If you were in an abusive relationship, the chances are you will have cases in more than one court.
The abuse does not stop, it continues post-relationship, just differently as they no longer have direct contact and control.
While in a relationship the victim was threatened that if they ever left, they would leave with the clothes on their back and possibly face homelessness.
The victim does not initially believe it but when it is repeated often enough the victim realizes it is a possibility and stays until it is untenable, often when their lives are in danger.
How does it manifest post-relationship?
Often the first thing that happens is money is cut off. This would require having to 'beg' for money for shelter and food as basic needs and the other financial needs of the children if they have also moved out.
Asking for financial assistance could be met with;
👉Speak to my lawyer,
👉I will not give you a cent,
👉Take me to court,
👉Bring the children back,
👉I will get an interdict against you for harassment,
👉You left, your problem,
👉Speak to my girlfriend.
Other behaviours include;
👉Stalking,
👉Workplace harassment,
👉Work sabotage,
👉Cyber abuse,
👉Bad-mouthing you to friends and family,
👉Threatens to release sexually explicit material,
👉Using spyware to track you and have access to your devices.
👉If you report the behaviour there will be dire consequences,
👉They will kill you.
To get divorced you are required to have a patenting plan and maintenance agreement in your divorce agreement along with finalizing
the marriage regime.
If you were never married you will in the majority of times require a parenting plan and maintenance agreement.
But while navigating this you apply for a protection order against the abuse. Most victims DO NOT IMMEDIATELY apply for a protection order, it is only when the abuse escalates or it is ongoing that victims turn to the courts.
If there were multiple forms of abuse in relationship there is a greater chance of it being classified as 'high conflict' and you are advised to get a lawyer. Most victims can't afford legal representation so the unequal power dynamics continue.
The victim is often told by the Domestic Violence Courts to go to the Maintenance Courts for financial relief despite the provisions in the DV Act. Even if there is a provision in the protection order for financial relief, enforcing it is impossible.
Parenting plans, in the majority, are mediated by private mediators, lawyers or the Family Advocates Office.
Nowhere is a proper risk assessment done to establish the victim's full vulnerability.
No guidelines on how best to deal with these interconnected, intersectional matters, which was a part of the intention of the family court clustering.
Domestic violence is treated as a separate issue unrelated to co-parenting and maintenance and diminished during divorces. In fact, victims are coerced (forced) to withdraw protection orders for the sake of moving on and reaching 'amicable' solutions to VERY COMPLEX abuse.
Is Gender-Based Violence, Domestic Violence, Intimate Partner Violence, and Femicide only a PANDEMIC during 16 Days?
When the stats be released?
During the President's Speech?
INCLUDED IN The Domestic Violence Amendment Act, Act 14 of 2021, is an extensive definition of what constitutes domestic violence, many of which may directly or indirectly impact children, such as physical abuse, sexual abuse, emotional, verbal [and] or psychological abuse, economic abuse, intimidation and damage to property. Important to acknowledge is that exposing a child to domestic violence is also considered as domestic violence and a criminal offense.
Section 2B of the Domestic Violence Amendment Act identifies that any adult person, who knows believes, or suspects on reasonable grounds, that an act of domestic violence has been committed against a child, a person with a disability, or an older person, MUST report such knowledge belief or suspicion as soon as possible to a social worker or the South African Police Services (SAPS).
From the BEST INTEREST of the CHILD being PARAMOUNT, you CAN'T ignore DOMESTIC VIOLENCE you are legally mandated to report it.
The cottage industry that has mushroomed around family matters DEMINISHES DOMESTIC VIOLENCE.
Domestic Violence is not a 'dispute' to be mediated in any family court, including where there are maintenance and co-patenting matters between a victim and a perpetrator of domestic violence, it is a CRIMINAL MATTER.
Children's best interests are massaged by practitioners who are not trauma or victim-informed, their focus is to co-parent at all costs.
Despite the research on the impacts of Domestic Violence on children we continue to hear "Just because they abused you, it does not make them a bad parent or an abusive parent".
'Abuse' is cherry-picked to suit particular professionals that are financially benefitting from the status quo, they are the biggest winners and perpetuate Domestic Abuse by proxy.
The courts are inconsistent in interpreting and implementing the Domestic Violence Act.
Until EVERYBODY understands Domestic Violence properly we will not see a change in the DV needle.
Domestic Violence is the elephant in the room.
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