Policing Intimate Violence: When the Best Laws Don't Work (From Policing in Central and Eastern Europe: Deviance, Violence, and Victimization, P 231-238, 2002, Milan Pagon, ed. -- See NCJ-206198)

• NCJ Number: 206205
• Author(s): D. Singh; H. F. Snyman
• Date Published: 2002
• Length: 8 pages
• Sale Source: College of Police and Security Studies
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Slovenia

Annotation

After reviewing the provisions of South Africa's Domestic Violence Act, specifically the prescribed duties of the police, this paper identifies gaps in the protection provided domestic violence victims under the Act and offers recommendations for improvement.

Abstract

The Act imposes a mandatory obligation on the police to answer a call for help in a domestic violence case. Police responses must include the rendering of all assistance deemed reasonably necessary under the circumstances of the case, including helping to make arrangements for suitable shelter for the complainant and/or obtaining medical treatment. Practical matters left unaddressed in the Act are the scarcity of shelters in South Africa and who is to pay for the medical services received. The Act further requires police officers to give the complainant written material that details the remedies and protection available to her accompanied by officer explanations of the material. In practice, this requirement is difficult to implement because of language barriers. The Act contains a detailed outline of the process to be followed in securing protection following a domestic violence incident. It is generally expected that the victim will make an application for a protection order. When a protection order is granted, the court will also issue a warrant of arrest for the abuser. The execution of the warrant, however, is suspended so long as the respondent adheres to the terms of the court order. The Act supports the use of arrest as a last resort due to possible repercussions for the family. Generally, police officials are frustrated and confused about what they are expected to do under the Act, given different circumstances and dynamics among cases. The police have received a minimum of resources, training, and support in the implementation of the provisions of the Act. Training should encompass the practical decisionmaking and varying circumstances of domestic violence cases and how officers can most effectively respond to specific situations. The government is responsible for ensuring that the resources are provided and made accessible for the protection of victims, such that remaining with the abuser under the threat of violence and possible injury or death is not the only practical option available. 16 references