Divorce Article 7: The Domestic Violence Act 116 of 1998.

the harm or potential harm) making an application to the Court supported by various

contentions that support the claim. The Court must consider the application as

soon as possible. If the Court finds that the Complainant requires immediate

protection then an interim (temporary) domestic violence protection order is

granted. When this is ordered a warrant of arrest is issued and delivered to

the police station in which the Respondent resides. If the Respondent breaches

the interim order then the police may act on the warrant and arrest the

Respondent.

Once the interim order is

granted the application and order must be served on the Respondent and a return

date set. A return date is the date on which it must be argued that the interim

order must be made final. In accordance with the law, the Respondent must be

able to defend himself and answer to the Complainant’s claim. Here there are

only two outcomes possible. First, the interim order is made final, or second,

the interim order is set aside and is no longer in force. This will include the

warrant issued pursuant to the interim order.

If however the court finds

that the Complainant does not require immediate protection or requires further

information then the return date is set without issuing an interim order or

warrant of arrest.

Due to this and the nature of

the protection required in divorce proceedings, it is highly recommended that an

attorney is approached to assist you.

In our next few articles, we

shall consider the various aspects of an opposed divorce including applicable

legislation commencing with the rights of children and the Family Advocate.

Related Practice Areas: Domestic Violence

If you have questions about your specific situation, contact Nick Elliot for a confidential consultation.