The impact of an interim protection order (Domestic Violence Act 116 of 1998) on the victims of domestic violence
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Date
2007-03
Authors
Vogt, Tertia
Journal Title
Journal ISSN
Volume Title
Publisher
Stellenbosch : University of Stellenbosch
Abstract
Domestic violence is a serious social problem, both in Southern Africa, as well as globally.
From March 2003 to February 2004 a total of 27 071 men and women were assisted by
Mosaic to apply for Interim Protection Orders (IPO), in the domestic violence sections of
eleven Magistrates’ Courts in the Western Cape in South Africa. Mosaic is a nongovernmental
organisation and provides free support services to all victims of domestic
violence.
The IPO, which is the practical tool and legal document of the South African Domestic
Violence Act 116 of 1998, is issued by a Magistrate’s Court. It is supposed to protect victims
from physical, sexual, emotional, psychological, verbal and/or economic abuse, harassment,
intimidation, stalking, damage to and entering of their property without their consent, in the
interim period before a Final Protection Order is granted.
The primary objectives of this study are to determine the impact of an IPO on the nature
and the extent of domestic violence, the impact of an IPO on the general well-being of the
victims of domestic violence and the efficiency of the application procedure for an IPO. The
secondary objectives are to compile a profile of the victims of domestic violence in different
cultural groups, to describe and compare the nature and the extent of domestic violence in
different cultural groups, to review the role of the police in the implementation of an IPO, to
make recommendations where applicable, and to inform the South African Government and
policy makers of the findings of this study.
An extensive literature study focusing on domestic violence, general well-being and the
link between the two concepts provides the theoretical basis of the study. The empirical study
confirms the link between domestic violence and general well-being.
A quasi-experimental research design is used in this study. The study comprises two
groups, namely an experimental group (N=884) and a control group (N=125). The control
group, which appears similar to the experimental group (in the sense that they also
experienced domestic violence) is drawn from the same communities as the experimental
group.
Both groups were pre-tested (completed a first set of questionnaires). The experimental
group was exposed to a treatment (the application for and granting of an IPO). Both groups
were then post-tested (completed a second set of questionnaires). Two standardised
questionnaires were used, namely The Abuse Disability Questionnaire (McNamara, 1999) and
The Spiritual Health and Life-Orientation Measure (Gomez & Fisher, 2003).
Participants in the experimental and control groups experienced all forms of domestic
violence as described in the Domestic Violence Act 116 of 1998 (RSA Government Gazette,
1998). Results indicated that the IPO did not contribute significantly to the reduction in total
abuse exposure, physical abuse, psychological/emotional abuse or sexual abuse, as both the
experimental and control groups experienced similar changes from the first to the second
measurements.
The IPO was found to contribute significantly to a reduction in total impairment. On a
physical level, the IPO contributes significantly to the reduction of health status issues. On a
psychological level, it contributes significantly to the reduction of concern with physical
harm, psychological dysfunction, life restriction and inadequate life control. On a social level,
the IPO contributes significantly to a decrease in relationship disability. The IPO does not
contribute to a reduction in anxiety and substance abuse as participants in both the
experimental and control groups experienced similar changes from the first to the second
measurements.
The IPO does not contribute significantly to an increase in the personal, communal,
environmental and transcendental well-being of participants in the experimental group as
participants in both the experimental and control groups experienced similar changes from the
first to the second measurements.
“Breaking the silence” and awareness of support had a similarly positive impact on
domestic violence in the control group, as did the IPO in the experimental group. This
indicates that it is not only the IPO, by itself, which has a positive impact on the victims of
domestic violence. There are shortcomings in the IPO and Interim Warrant of Arrest that need
to be addressed. Improving the information, education and support structures, both in the
courts and in the community, will empower the victims of domestic violence.
Although the present research was conducted in metropolitan areas in the Western Cape
in South Africa, improvements in the system that result from it will benefit all communities.
The key findings of this study have already been channelled to representatives of the
Department of Justice and Constitutional Development, the National Prosecuting Authority,
the Lower Court Judiciary, Non-Governmental Organisations, South African Police Service,
policy makers and other interested parties. Avenues for future research have also been
opened.
Description
Thesis (DPhil (Psychology))--University of Stellenbosch, 2007.
Keywords
South Africa. Domestic Violence Act of 1998, Family violence -- Law and legislation -- South Africa, Family violence -- Social aspects -- South Africa, Family violence -- South Africa -- Psychological aspects, Victims of family violence -- South Africa, Dissertations -- Psychology, Theses -- Psychology