Lotus FM Talk : Domestic violence
by Jimmy Henderson
Introduction
• Domestic violence is a serious crime against society and has an unacceptably high incidence in South Africa.
• The number of incidents of domestic violence in which especially women, children and the elderly are the victims, appear to be continually on the increase in South Africa
• Although accurate statistics on domestic violence are difficult to produce as the police list offences under the categories of assault, sexual assault, rape, murder etc.

(Use extract from the ministers speech)

Extracts from Address by Hon Deputy Speaker Nozizwe Madlala- Routledge (MP),
During 16 Days of Activism Against No Violence Against Women and Children
10 December 2008
• “Violence against women cannot be tolerated. In any form. In any context. In any circumstances’.
• “The statistics may be familiar to us, but they are still appalling”
 “One in 6 South African woman experiences violence by her male partner at some point in her life.
 Globally, women aged between 15 and 44 are more likely to be maimed or die as a result of male violence, than through cancer, malaria, road accidents or war combined.
 An HSRC study showed that over half of adult women have been victims of violence or physical or sexual threats.
 Behind these figures lie the tragic realities of beatings, rape, prostitution, threats, verbal abuse. Relationships destroyed. Families shattered. And lives broken.
 Violence against women knows no geographical boundaries, no age limit, no class distinction, no race, no cultural differences.”
• “We know that in South Africa; over a quarter of all violent incidents reported involve a man hitting his wife or partner. Home, far from being a safe haven, is one of the most dangerous places of all. In South Africa, over half of women murdered are killed by their partners or husbands”.
• “Half of all divorces are filed on the grounds of violence against women. A fifth of all women have been subjected to physical violence by a partner or ex-partner.”
• “Violence at home, and in relationships may be one of the most prevalent forms of violence, but it is also the least visible and hardest to tackle.”
Definition
Any action or neglect on the part of family members which deprives another family member of basic rights or interferes with their safety, health or well-being. (Adapted from Unisa Tutorial)

• According to the Domestic Violence Act 116 of 1998 the following conduct is seen as domestic violence or abuse against a spouse , partner or children:
 Physical abuse (attacking, hitting, pushing, using weapons, physical neglect-not clothing or feeding children) )
 Sexual abuse ( rape, sexual assault)
 Emotional abuse (intimidation, emotional insults, humiliation, neglect /ignoring )
 Verbal abuse ( shouting, swearing, threats to harm the other)
 Psychological abuse (degrading, attacking their integrity and self-esteem, controlling behaviour)
 Economic abuse (withholding money needed for living expenses from partner or children)
Domestic violence now also includes such actions as harassment, stalking, damage to property and even entering estranged family members property without consent.
• Note also that these persons do not have to be married in terms of the Act, merely be in a relationship (family member, boyfriend, partner), or have some past relationship (Ex-husband, ex-boyfriend, even a boarder in the same house)
• Even a ‘perceived’ relationship applies
• Note that these persons do not actually have to be living together and can be separated due to conflict
Causes Stress
• Research has shown that the main reason for domestic violence is stress in the family situation which causes the offender to take out his /her anger or frustration or aggression on others in the family
From my own practical counselling
• If the persons are living apart the situation may be more complicated, and include motives of revenge or wanting to control the other person or frustration (wanting access to kids) (anger–based)
• Once again , there is not only one cause and there are a number of personality, family, social, cultural and community factors involved which all contribute:

Personality factors involved in stress and coping
• Research has shown that certain inherited personality traits can predispose a person to domestic violence, such as:
 A low frustration tolerance or low stress threshold
 A depressed or anti-social personality or other disorders (anxiety)
 A dominant, highly social or assertive personality
 Also traits which make the person arrogant, hostile, impulsive and unfeeling
A lack of skills
• Other factors relating to an individuals development may also play a role
 Their educational level
 Having no problem solving or bad coping skills (immaturity)
 Having a negative attitude to life
 In the case of a man, his attitude towards women
 A distorted view of the world
 A low self-esteem or bad self image could also cause a spouse or partner to seek to dominate another
Family factors contributing to stress and conflict
 A bad childhood in which he/she witnessed domestic violence, was abused or conditioned to accept domestic violence as normal
 An Authoritarian belief system (I am the boss)
 Type of family system (open/closed) (Is the family isolated or involved in community?)
 Family values (spiritual or not)
 Man with strong social support (family, friends and colleagues)– more prone to domestic violence
 Dependent and vulnerable female partner (less family or social support-isolated) (Battered-spouse syndrome)
 Bad communication in family
 History of relationship problems in the marriage or relationship
 Battle for power in the marriage or relationship (family conflict)
 Demanding children (naughty, sick, learning problems etc)
 Bad living conditions (over-crowding , large extended families etc)
 Conflict with spouse/partners extended families

Some social and work factors underlying domestic violence
 Drinking or drug use (alcoholism /substance abuse)
 A history of frustration (unhappiness at work or in social life)
 Retrenchment /unemployment /lack of money
 Social isolation (isolated from community and not well–liked- no support)
 Family trauma or humiliation - death of parent, victim of crime, loss of business
 Divorce/separation - Custody battle/revenge
.
Cultural and community factors contributing to stress
 High crime levels contribute to stress
 Cultural beliefs- some cultures are male-dominated (power over spouse)
 Level to which the society judges or accepts domestic violence (values)
 Family involvement with community –could be isolated by family or community
 Lack of availability of counseling or professional help services (rehab centres)
 Unavailability or non-involvement of help-organizations, church , welfare or community support groups
 High expectations and demands of the type of society or community
 Feminist movements in the community (efforts of women to assert themselves)
 Lax attitude of law enforcement and courts to domestic violence
 The role of the media (aggressive movies, TV ) can encourage aggression
Solutions
There a number of interventions that a victim of domestic violence can consider depending on the severity of the domestic violence
• Phone a crisis centre and discuss the problem and look at possible solutions with the help of a counsellor
• Involving trusted family members in an attempt to improve the relationship
• Marital or couples counselling –this is an attempt to resolve the problem by means of a professional ( the ideal outcome here would be for couples to agree on appropriate behaviour)
• A trial separation –this gives both parties perspective on the situation
• Calling the Police in terms of the Domestic Violence Act 116 of 1998
The Act clearly sets out the duties of police officials at the scene of domestic violence
 Police must immediately stop any ongoing violence and arrest the perpetrator on a related charge (eg assault)
 If required , police must assist by helping the victim find a shelter and medical assistance
 The police must also arrest the perpetrator if he/she has violated a protection order
 Failure by the police to act constitutes misconduct in terms of the ACT and the official will face a disciplinary enquiry by the ICD and disciplinary steps by the
SAPS
• Going to the family court at the magistrates court and applying for a protection order
The protection order
• This is a written order (accompanied by a suspended warrant of arrest) issued by a magistrate in response to an application by a person involved in domestic violence who feels he/she requires protection in terms of the ACT.
• Any person who meets the relationship requirements can apply for this order, even a child. An SAPS member, counsellor, health services worker, social worker, teacher or any person helping the victim can also make an application of their behalf
• The order is issued usually at a family court (Magistrates court or High court) after the applicant makes a statement to the clerk of the court
• In emergencies this can even be arranged by the police after hours
• It will be delivered to the abuser by the sheriff and a small fee will have to be paid
(can be subsidized by the court)
• The alleged abuser also has a right to appeal against the order but if not successful, it stays in effect
• The order is very detailed and applies to any area in the country and remains valid until the applicant cancels it
The details on the order are very specific –For example , it can …..
 Prohibit the alleged abuser from performing a specified act of domestic violence (eg assault, threats, destroying property )
 Prohibit the alleged abuser from entering the house or any part of the house
 Prohibit the alleged abuser taking the children
 Regulate contact with the children
 Prohibit the alleged abuser from contacting the victim in any way
(Including at his/her place of employment or even telephonically)
 The order can also be used to force the alleged abuser to pay essential money for support (eg rent and food) until the matter is finalised

Procedure to charge person in terms of the order
• If the alleged abuser violates any section of the order, the applicant merely has to call the Police, present the order and the suspended warrant of arrest and give an affidavit as to how the alleged abuser violated the order.
• If there is any risk to the safety, health or well-being of the applicant, the police are obliged to arrest the alleged abuser
• The alleged abuser is charged with contravening the protection order and if convicted, he /she will be fined or imprisoned for up to 5 years. (As well as facing other possible charges eg assault)

References
Barlow, D.H.& Durand, V.M. (2002). Abnormal psychology: An integrated approach. (3rd ed.). Belmont : Wadsworth/Thompson Learning.
Tesser, A.(Ed) (1995).Advanced social psychology. Macgraw Hill, Inc.
SAPS Internet Journal www. saps.gov.za/docs/domestic.htm
http://www.saps.gov.za/statistics/reports/crimestats/2008/crime_stats.htm
http://www.parliament.gov.za/content/Address%20by%20Hon%20Deputy%20Speaker%20Nozizwe%20Madlala,%2010%20december2008.doc