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Christo Smith Law Blog

Is your spouse abusive?

“I am stuck in the middle of a turmoil in my marriage. My husband has an affair and the abuse has become unbearable. Can I force him to vacate the marital home?”

These are some of the dilemmas of spouses enduring marital problems. Often one pf the parties is abusive and co-habitation has become unbearable. In many instances minor children are involved.

Women do not have to endure abuse and do not have to co-habituate with men who make life unbearable. Eviction laws provide for a swift resolve of the situation, depending on the nature of the problem in the relationship and the seriousness of the abuse.

In some instances the party causing the disruption can be evicted from the common household and if that is not possible, due to the facts of the matter, an abused party may institute proceedings in terms of the Family Violence Act. Urgent proceedings may also be launched in appropriate circumstances for interim maintenance and other related relief.

We can advise you on the most effective course of action and provide urgent assistance.

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Is your spouse abusive?