Tough choices: Difficulties facing magistrates in applying protection orders
Journal Article
2004
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Journal Title
South African Crime Quarterly
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Volume Title
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Publisher
University of Cape Town
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Faculty
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Abstract
The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.
Description
Reference:
Artz, L. (2004). Difficulties facing magistrates in applying Protection Orders: tough choices. SA Crime Quarterly, (8), p-25.