Domestic violence interdicts in South Africa can include provisions for financial abuse. The Domestic Violence Amendment Act 2021 (DVAA 2021) broadens the scope of what constitutes domestic violence, including economic abuse.
What Constitutes Financial Abuse?
Financial abuse includes actions such as:
• Withholding financial resources, such as income or assets, to exert control.
• Preventing access to bank accounts or financial information.
• Refusing to contribute to household or child-related expenses.
• Squandering joint assets to prevent the other spouse from benefiting.
• Forcing a spouse to account for every expenditure or taking their income.
Under the DVAA 2021, a protection order can be issued to prevent the perpetrator from engaging in financial abuse. This can include prohibiting the perpetrator from controlling the victim’s finances, accessing their bank accounts, or interfering with their employment. The protection order aims to safeguard the victim’s financial independence and security.
Steps to Obtain a Protection Order for Financial Abuse
1. File a Complaint:
• Visit your nearest magistrate’s court and complete an affidavit detailing the financial abuse. Include any relevant evidence (bank statements, communications, etc.).
• You may file this separately or as part of ongoing divorce proceedings.
2. Interim Protection Order:
• The court may issue an interim protection order if the abuse poses immediate harm or undue hardship. This order can include specific financial directives.
3. Hearing:
• A hearing will be scheduled, where both parties can present evidence. The court will decide whether to make the interim order final.
4. Relief That Can Be Granted:
• Directing the respondent to provide financial support for the victim or children.
• Prohibiting the respondent from accessing joint accounts or assets.
• Restraining the respondent from interfering with the victim’s employment or income.
The South African Police Service (SAPS) is responsible for enforcing these protection orders and ensuring that victims are protected from all forms of abuse, including financial abuse. The DVAA 2021 places a responsibility on prosecutors to prosecute violations of protection orders, including those related to financial abuse.
In summary, domestic violence interdicts in South Africa can address financial abuse, and the DVAA 2021 provides mechanisms to protect victims from such abuse through the issuance of protection orders.