advertisement
Question
Posted by: Dee | 2010-02-08

How do I get out?

Hi There, I hope you will be able to offer me some advice.
I have been married for nearly 12 years and I have two children aged 11 and 6. I have been emotionally abused for most of my marriage. He has never really been physical with me but there have been times that were close and he has threatened me more often than not.
I have arrived at a stage where I need to leave. Its not going to be easy going as we have a house together etc. He will be extremely angry and will threaten violence towards me and the rest of my family if I should leave.
I need to get out but also ensure my safety, my familys safety and that he does not come to my work place to threaten me.
Is there a way to do this? He is great with the kids but I know they get tense when he is in a mood and I need it all to stop.
What protection is there, if any?

Many Thanks
Dee

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

You may apply for a protection order, obtained in the magistrate’s court. All that is required is you attend at the local court where you reside to apply for an interim protection order. The protection order must be served on the other party either by the sheriff of the court or by the police. There are no costs involved if you choose to have it served by the police.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: Family law expert | 2010-02-10

You may apply for a protection order, obtained in the magistrate’s court. All that is required is you attend at the local court where you reside to apply for an interim protection order. The protection order must be served on the other party either by the sheriff of the court or by the police. There are no costs involved if you choose to have it served by the police.

Reply to Family law expert
Posted by: G-Dad | 2010-02-09

If he had not use any violence in past, then it is possible that he will become violent but somehow I doubt that he will. If you decide to move out and he become violent then I suggest you phone the SAPS for protection in such a case you can get a DVI against him at the local courts.

If I may make a suggestion try to resolve this breakup peacefully where possible, specially in the best interest of the children.

My ex also claimed abuse, she actually got a DVI or protection order against me for doing nothing wrong an on petty things, like I am not allowed to stop her if she want to take the kids with her, I am not allowed to sabotage my car or sell anything, the courts never confirmed her order, eventually I ended up having to get protection order against her which the courts confirmed as well, she is not allowed to lay false charges or create any legal processes or assault me.

Thus if it is petty stuff I suggest that you do not waste the courts time, if it is real life threatening stuff and violence can be proven then by all means get the court order, petty stuff just make you look like the evil one.

Reply to G-Dad

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement