The fight against domestic violence

Rutendo Manhimanzi

Behind the closed doors of homes meant to be safe havens, a hidden war rages.

Domestic violence encompassing physical, emotional, sexual, and economic abuse within intimate or family relationships shatters lives, erodes trust, and destroys dignity.

This pervasive issue transcends gender, class, and culture, leaving deep scars on individuals, families, and communities.

The silence surrounding domestic violence perpetuates trauma, often spanning generations.

To combat this grave social injustice, we must break the silence, acknowledge its complexities, and act raising awareness, promoting accountability, and supporting those affected.

The Domestic Violence Act [Chapter 5:16] defines, domestic violence 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.

Forms of Domestic Violence

(a)      physical abuse;

(b)     sexual abuse;

(c)      emotional, verbal and psychological abuse;

`        (d)     economic abuse;

(e)      intimidation;

(f)      harassment;

(g)      stalking;

(h)     malicious damage to property;

(i)      forcible entry into the complainant’s residence where the parties do not    share the same residence;

(j)      depriving the complainant of or hindering the complainant from access to or a reasonable share of the use of the facilities associated with the complainant’s place of residence;

(k)     the unreasonable disposal of household effects or other property in which the complainant has an interest;

(l)      abuse derived from the following cultural or customary rites or practices that discriminate against or degrade women—

(i)      forced virginity testing; or

(ii)      female genital mutilation; or

(iii)     pledging of women or girls for purposes of appeasing spirits; or

(iv)     forced marriage; or

(v)      child marriage; or

(vi)     forced wife inheritance; or

(vii)    sexual intercourse between fathers-in-law and newly married daughters-in- law.

Causes of Domestic Violence

There are several causes of Domestic Violence some of the common causes are:

1.         Cultural Beliefs

It has been tradition from time immemorial that some men believe that they have the right to control women, and that women are not equal to men.

Wife-beating has been deemed an appropriate way of correcting a woman’s behavior under customary law. The wife is seen as a belonging or asset to the husband and as the head of the family he controls her and the family.

1.          Environmental Factors

An environment where violence is either taught, or witnessed is seen as normal and will imprint upon a child’s psyche. This leads the child to develop his or her own ideas about violence.

The child will internalise wrong information, with regards to solving problems using violence. A child growing up in a violent family is likely to have low self-esteem.

They become engaged in a pattern of negative self –talk and anger that will fan the flames of domestic violence to his or her own family.

iii.        Drug and or Alcohol Abuse

It is true that drug and or alcohol abuse are common causes of domestic violence.

Their use leads to out-of-control behaviour and it damages family structure by causing a breakdown of values and lowering inhibitions of the members. In times when some members of the family engage in drugs, this is the time when all members should unite and show love to one another by working together to fight drug abuse.

1.         Economic Factors

Domestic violence is more prevalent where individuals experience loss of physical health and or wage-earning power. The frustration of the inability to ‘make ends meet’ increases conflicts in the home. Feelings of helpless mount. Anger flares and violence erupts.

1.         Lack of Education

The lack of education in some instances can rob individuals of self-esteem and the ability and know-how to protect themselves or resist abuse.

Those who drop out of school early to work and help with the household, or enter early marriage often face heightened risk of violence at the hands of employers, family members, spouses and other people in the community.

Who are the perpetrators of domestic violence?

The perpetrators of violence include spouses, parents, relatives, family friends and some of these perpetrators are custodians of the law.

Domestic violence by its complex nature, affects both males and females. From a distance it appears that females are the majority of victims of domestic violence.

However, it is clear that domestic violence is also not blind to gender. Domestic violence is both symmetrical and asymmetrical.

The former refers to a situation where both men and women perpetrate domestic violence in equal proportions whilst the latter refers to a situation whereby men overwhelmingly subject their partners to domestic violence. Therefore, domestic violence is characterised by both female and male victimhood and females and males as perpetrators.

 

steps to Obtain a Protection Order

who reports

1. The complainant.
2. Any person who acts with the consent of the complainant.
3. If complainant is a minor then any person having the duty of care or custody.
4. Any person who acts as the complainant’s representatives regardless of consent from the complainant.

Steps to Report:

1. Report the incident to the nearest police station. Obtain a police report and Case Number.
2. Go to the nearest Magistrates’ Court and locate the Domestic Violence Court or the Clerk of Court.
3. Complete Form DV 1 for a Peace Order. You can obtain the form from the court or download it from the Zimbabwe Judiciary website.
4. Submit the completed form with the required documents to the Clerk of Court and pay the prescribed fees.
5.  The court will schedule a hearing date where you are required to attend with any witnesses or evidence.

Types of Protection Orders

1. Interim Peace Order:

• Granted urgently and immediately when the victim applies to court and the matter is serious.
• Issued without waiting for the perpetrator’s response pending final hearing.
• Usually valid until the court decides whether to confirm it as a final order.

2. Final Peace Order:

• Granted after a hearing where both parties are given an opportunity to be heard.
• Provides long-term protection (usually indefinite, unless varied or discharged by the court).
• Can include various conditions, such as barring the perpetrator from committing acts of violence, approaching the victim, or entering certain premises.

3. Ancillary Orders / Conditions attached to Protection Orders

When granting a protection order, the court can include additional measures, such as:

• No contact order prohibiting the perpetrator from contacting or approaching the victim.
• Exclusion order  directing the perpetrator to leave the shared home, even if they own or rent it.

 

What a Protection Order Can Do

1. Prohibit the perpetrator from contacting, approaching you or your workplace.
2. Order the perpetrator to leave the shared residence.
3. Grant custody of children to the applicant.
4. Order the perpetrator to pay maintenance for complainant and dependents.
5. Prohibit the perpetrator from committing further acts of violence.
6. That the victim or perpetrator or other affected family member undergo counselling.
7. The perpetrator should stop committing an act of violence personally or through others.

 

Effects of domestic violence on men

The change in economic independence, control over resources and change in power dynamics is slowly but surely causing the increase in violence against men by women.

Thus, the number of female on male domestic violence cases is on the increase. This is attributed to modernisation which has seen a number of women being gainfully employed.

Masculinity has resulted in males being subjected to abuse and being forced to keep quiet, where a man is emotionally abused by the wife, he can end up self-isolating or committing suicide due to their fear of losing their masculine identity and shaming from society.

Men often feel a sense of shame or embarrassment when attempting to report domestic violence, this destroys their self-esteem.

This makes it difficult for them to disclose their experiences of abuse, as society does not typically accept or consider it normal for men to admit being abused by women. Consequently, many men remain silent and endure their suffering in silence.

Challenges / Barriers for Male Victims

1. Stigma & social norms

• Reporting abuse by a female partner can carry social stigma men may be ridiculed or not believed. This can lead to underreporting.
• Cultural expectations of masculinity can make it difficult for men to admit/seek help.

1. Awareness, sensitization and access to remedies

• Many people may not know that the law protects both men and women from domestic violence, or that men can be victims too.
• Some support services are generally perceived as focusing more on female victims, making male victims feel excluded.
• Obtaining protection orders requires going through court processes, male complainants may feel uncomfortable to give testimony against their spouses. It is often associated with shame, being weak or may fear backlash.
• Enforcement of orders can be difficult in some circumstances.

 

The effects of domestic violence in the workplace

Domestic violence affects the workplace through decreased productivity, increased stress, and safety concerns for employees. Employers face lost productivity, increased healthcare costs, and liability concerns.

 

Conclusion
Domestic violence is not a private matter but a deep social injustice that affects individuals, families, and communities at large. Its consequences are physical, emotional, and economic, often leaving scars that endure for generations. Addressing it requires more than laws on paper it demands awareness, education, accessible support services, and a collective commitment to break the silence around abuse.

Every person, regardless of gender or background, deserves to live in safety and dignity.

In Zimbabwe, the Domestic Violence Act provides avenues such as protection orders that empower victims  men and women alike to seek safety and justice.

 

 

 

 

Rutendo Manhimanzi is a registered Legal Practitioner, and she practices in Avondale, Harare under the Law Firm Ruzvidzo Legal Counsel. She can be reached on +263 773 589 263 or email rmanhimanzi@yahoo.com