Family Law with Rumbi

Family Law with Rumbi This page offers Legal information on Family Law. It is not intended to constitute legal advice.

WHAT IS DOMESTIC VIOLENCE? Although many of us may think that we know the answer to this question, the truth is that the...
19/04/2024

WHAT IS DOMESTIC VIOLENCE?

Although many of us may think that we know the answer to this question, the truth is that the majority of us do not know what Domestic Violence (DV) is. We are aware of the obvious physical, sexual and verbal assault, however it’s important to know that Zimbabwe’s Domestic Violence Act Chapter 5:16 (DV Act) prohibits many different types of Domestic Violence.

The United Nations defines DV as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. The DV Act of Zimbabwe goes further and defines it as any unlawful act, omission or behaviour which results in death or the direct infliction of physical, sexual or mental injury to any complainant by a respondent. It is also important to note that Domestic Violence is not limited to intimate partners alone, but anyone who shares a Domestic unit with the perpetrator. The following behaviour is deemed to be domestic violence in terms of the Act:

EMOTIONAL, VERBAL AND PSYCHOLOGICAL ABUSE
This is where an abuser shows a pattern of degrading or humiliating behaviour. This may include repeated insults, ridicule, name-calling or repeated threats to cause emotional pain. It may also include obsessive possessiveness which results in the invasion of the victim’s privacy, liberty, integrity or security. Another example is any behaviour that is likely to cause mental injury to minor members of the family.

ECONOMIC ABUSE
This is the unreasonable deprivation of economic or financial resources that the victim is entitled to or which they require out of necessity. Where the victim withholds finances for household necessities, medical expenses, school fees, mortgage bond and rent payments, or other similar expenses. It may also be preventing the victim from getting a job or engaging in any income-generating activity.



HARASSMENT
This is any behaviour that makes the victim afraid of imminent harm or makes them annoyed or aggravated, including watching or loitering outside or near the building or place where the victim lives, works, carries on business, studies or happens to be. It may also include repeatedly making or sending or making someone else make or send abusive phone calls, sms’ or emails, to the victim. The abuser may also deliver abusive, packages, emails or offensive objects to the complainant;

INTIMIDATION
This is any threatening behaviour or any behaviour which may make the victim feel threatened and afraid of any potential harm, even if nothing actually happens in the end.

STALKING
This behaviour includes following, pursuing, or accosting the victim.

HARMFUL CULTURAL PRACTICES
Any act that discriminates against or degrades women such as forced virginity testing, female ge***al mutilation (circumcision), pledging of women or girls for purposes of appeasing spirits, forced marriage, child marriage, forced wife inheritance, sexual in*******se between fathers-in-law and newly married daughters-in-law.

OTHER FORMS
Any abuse perpetrated on a victim because of the victim’s age, physical or mental incapacity, physical, mental or sensory disability is considered as domestic violence. An example may be any abuse inflicted because the victim is blind, deaf or dumb. Abuse perpetrated on a victim because of their mental illness, arrested or incomplete development of the mind, psychopathic disorder or any other disorder or disability of the mind;

One common occurring form of domestic violence that most people are unaware of, is any behaviour affecting property. This includes malicious damage to property, forcible entry into a victim’s residence where the parties do not share the same residence, depriving the victim or hindering them from access to or a part of their home and the unreasonable disposal of household property or other property that the complainant has an interest;

Please do not continue to suffer in silence if this post has made you realize that you are a victim of domestic violence. Report to your nearest Police Station for further assistance. Are there any types of domestic violence I have left out? Let me know in the comment section below.

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