Interdicts for civil partner tenants
Court orders can be granted to prohibit the non-applicant partner from certain conduct towards the applicant partner and any children of the family. Such orders can also limit access to the family home and other areas such as the applicant's place of work.
Domestic interdicts
Relevant interdicts can be granted even if the couple continue to live together in the family home. [1] They can be used to restrain or prohibit particular conduct from one partner to the other or any conduct towards any child of the family. [2] For example, such an interdict could prohibit violent behaviour or conduct which place the spouse and/or child in a state of fear and alarm.
A child of the family is defined by legislation as any child or grandchild of either person who has been brought up or treated by either civil partner as if they were a child of that partner, whatever the age of such a child, grandchild or person. [3]
Interdicts issued on or after 4 May 2006 can also be used to prevent the non-applicant partner from entering or remaining in: [4]
the family home
any residence, other than the family home, occupied by the applicant partner
any place of work of the applicant partner
any school attended by a child in the temporary or permanent care of the applicant partner.
If the non-applicant partner has a right to occupy the family home then interdicts can only be used to exclude her/him from the home entirely when [5] they are granted ancillary to an exclusion order or where an application to the court for occupancy rights by the non-entitled spouse has been rejected.
On application the court must attach a power of arrest to a relevant interdict where it has been granted ancillary to an exclusion order and the non-applicant spouse has been given the opportunity of being heard before the court. [6]
Last updated: 13 February 2020