In this instruction, unless the context otherwise indicates, -
"complainant
means any person who is or has been in a domestic relationship with another person and who is alleged to be or to have been subjected by such other person (hereinafter referred to as the respondent) to an act of domestic violence and includes any child in the care of the complainant;
"domestic violence"
means any one or more of the following forms of conduct performed by a respondent in respect of a complainant which consists of:
| a) | physical abuse, consisting of any act or threatened act of physical violence; |
| b) | sexual abuse, consisting of conduct that abuses, humiliates, degrades or violates the sexual integrity of the complainant; |
| c) | emotional, verbal and psychological abuse, consisting of a pattern of degrading or humiliating conduct which may consist of - |
| • | repeated insults, ridicule, or name calling; |
| • | repeated threats to cause emotional pain; or |
| • | the repeated exhibition of obsessive possessiveness or jealousy which is such as to constitute a serious invasion of the privacy, liberty, integrity or security of the complainant, |
| d) | economic abuse, which may consist of - |
| • | the unreasonable withholding of economical or financial resources from a complainant who is legally entitled thereto or which the complainant requires of necessity, including the withholding of household necessities from the complainant or refusal to pay mortgage bond repayments or rent in respect of the shared residence; or |
| • | the unreasonable disposal of household effects or other property in which the complainant has an interest; |
| e) | intimidation, by uttering or conveying a threat or causing the complainant to receive a threat which induces fear; |
| f) | harassment, consisting of a pattern of conduct which induces fear of harm to the complainant, including repeatedly- |
| • | watching or loitering outside of or near the building or place where the complainant resides, works, carries on business, studies or happens to be; |
| • | making telephone calls to the complainant, whether or not conversation ensues, or inducing another to do so; |
| • | sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant; |
| g) | stalking, by repeatedly following, pursuing or accosting the complainant; |
| h) | damaging of property, consisting of the wilful damaging or destruction of property belonging to a complainant or in which the complainant has a vested interest; |
| i) | entry into the residence of the complainant without consent where the parties do not share the same residence; or |
| j) | any other controlling or abusive behaviour towards a complainant; |
where such conduct harms, or may cause imminent harm to the safety, health or well-being of the complainant;
"domestic relationship"
means a relationship between a complainant and the respondent where they -
| a) | are or were married to each other in terms of any law, custom or religion; |
| b) | live or lived together in a relationship in the nature of a marriage (whether they are of the same or of the opposite sex); |
| c) | are the parents of a child or have or had parental responsibility for the child (whether or not at the same time); |
| d) | are family members related by consanguinity, affinity or adoption; |
| e) | are or were in an engagement, dating or customary relationship: including an actual or perceived romantic, intimate or sexual relationship of any duration; or |
| f) | share or recently shared the same residence; |
"residence"
also institutions for children, the elderly and the disabled; and
"respondent"
means any person who is or has been in a domestic relationship with a complainant and who allegedly commits or has committed domestic violence against the complainant.
