Abuse of the South African Domestic Violence Act
Marius Janse van Rensburg
Abuse of the South African Domestic Violence Act
The Family Violence Act may have been formulated in good faith, but innocent people are being harmed by sloppy, or no investigations whatsoever into allegations which are manufactured to suit the agenda of the Complainant.
Facts twisted beyond recognition, corruption, and false evidence, designed to fit government theories are not as rare as we are led to believe.
In some cases, files go missing, and evidence of innocence is kept hidden from those who are accused, tried, and found guilty.
Police, Social Workers, Family Councilors, Advocates lawyers and Psychologists, appear to take the most outrageous allegations as gospel truth.
I say appear, because some of these so-called peacemakers deliberately distort or ignore facts, which can easily be disproved, and accept allegations of whatever they perceive is required of them. In their world, they have one thing in mind – the end must justify the means. and that is to get a conviction at all costs – whether the alleged perpetrator is guilty or not.
Untold numbers of lives are being ruined in this process. Their extraordinary misguided investigations and acts of official misconduct intended to sway judicial opinion are happening daily,
Understanding the justice system here, and the injustice it can produce and condone, is totally impossible without acknowledging these revelations – because they point to an official mindset which is nothing more than a witch-hunt.
It is obscene that some lawyers and advocates misbehave and have the arrogance to think they can get away with it.
Unless this conduct is properly investigated and curbed, it is horrifying to contemplate that the Courts will continue to “reward” these legal parasites.
Fortunately, there are still ethical and trustworthy members of the profession who would never lower their standards to this extent, but it must be the most frustrating job in the world, to attempt to attain justice for a client when one is faced with a colleague who is obviously corrupt.
Certain women have cottoned on to the idea that the Family Violence Act is a very useful tool to punish a man. I have seen cases where the evidence against the accused (usually the father) is non-existent, dates are distorted, false allegations secretly inserted in court files by devious lawyers. Files that conveniently go missing when corruption is suspected.
Armed with an interdict, access to children is easily denied – unbelievable acts of provocation which would test the patience of a saint are brought to bear in the hope that retaliation will enable them to punish the so-called offender by having them slung into jail to teach them a lesson. And in a lot of cases, even an angry, retort can be viewed as “insulting” or “offensive”, and punishment is swift.
If blatant provocation does not work, then an arrest can be “arranged”. without any solid evidence whatsoever, and purely on the word of a malicious mother, some excellent fathers are being destroyed simply to justify the Family Violence Act.
Because of these deviations, our society is producing the most traumatized, dysfunctional and mentally abused children in numbers never encountered before. Recently a child of 15 cut her wrists because she found the ongoing battle for access intolerable, and “she couldn’t take it any more”
Some fathers witnessed the miracle of birth, and don’t flee their responsibilities when the divorce happens – yet they, and the children they fathered are suffering because of these anomalies.
During the past 25 years, a new breed of father has evolved – one who wants a different kind of contact with his children, a protective, and visibly loving kind of contact. This trend should be nurtured and encouraged – instead it is being destroyed.
The new breed of father, does not want the type of upbringing they endured with their own fathers who believed that children should be seen and not heard, and that a hug was a sign of unmanliness. They are open in their yearning to be fully involved in their children’s lives. Yet they are being overlooked and unfairly “punished” in the race to make The Family Violence Act “work”.
This Act is producing some prosecutors, lawyers, and advocates who crusade with their own agenda. It certainly has nothing to do with justice or truth – they want Monsters to suffer, and if they can’t find any Monsters, then they will create some.
Is nothing sacred when even some medical practitioners will join in – going along with mothers, handing out phantom medical evidence to keep the father from seeing the child
Adults (usually the custodial parent) can brainwash children, and in this respect, children have a tendency to say what adults want to hear - even the innocents can lie –
People with no prior convictions are being arrested. Jobs are lost, lives and families ruined, futures destroyed, all because of false allegations and abuse of the Act by some women who will stop at nothing to punish their erstwhile partners. They have the Custody – ergo, they have the power.
This unfortunately, is being condoned by some members of the judiciary, regardless of whether there is any doubt or not.
Tell me, how it is possible to prove a negative?
Tell me, how is it possible, that with false allegations, an innocent father can be found guilty without thorough investigations?
Tell me, how a Magistrate, with a mere sweep of the pen – can hand out an interdict by default based solely on the hearsay of the custodial parent - and put the freedom of an innocent man at risk ?
Because of Tunnel Vision in our Courts?
Because of lack of experience?
Because of lack of research and proper investigation ?
Cases of abused men have been published, but soon drowned out by an overwhelming belief that every Family Violence Case is justified. It is time that this Act is properly implemented with absolute discretion and with more care – before any more damage is done.
If not, many others, and I will continue to cry for families being torn apart – for the children – for South Africa, because unless the current trend is investigated thoroughly, and dealt with – the children we are meant to protect, are doomed.
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