Immigration Act, 2002
R 385
Prevention of Family Violence Act, 1993 (Act No. 133 of 1993)2. Interdict with regard to family violence |
| (1) | A judge or magistrate in chambers may, on application in the prescribed manner by a party to a marriage (hereinafter called the applicant) or by any other person who has a material interest in the matter on behalf of the applicant, grant an interdict against the other party to the marriage (hereinafter called the respondent) enjoining the respondent— |
| (a) | not to assault or threaten the applicant or a child living with the parties or with either of them; |
| (b) | not to enter the matrimonial home or other place where the applicant is resident, or a specified part of such home or place or a specified area in which such home or place is situated; |
| (c) | not to prevent the applicant or a child who ordinarily lives in the matrimonial home from entering and remaining in the matrimonial home or a specified part of the matrimonial home; or |
| (d) | not to commit any other act specified in the interdict. |
| (2) | In granting an interdict contemplated in subsection (1) the judge or magistrate, as the case may be, shall make an order— |
| (a) | authorizing the issue of a warrant for the arrest of the respondent; |
| (b) | suspending the execution of such warrant subject to such conditions regarding compliance with the interdict as he may deem fit; and |
| (c) | advising the respondent that he may, after 24 hours' notice to the applicant and the court concerned, apply for the amendment or setting aside of the interdict contemplated in subsection (1). |
| (3) | The interdict contemplated in subsection (1) and the order contemplated in subsection (2) shall have no force and effect until served on the respondent in the prescribed manner. |
