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Family and Divorce law in South Africa - A Comprehensive Guide
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      • Forfeiture of Assets in a Divorce
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      • Can I hide assets in Trust?
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What is Stalking?


Gender Based Violence
Exactly what is stalking?

Stalking occurs when a person deliberately and continually pursues somebody against their will. The stalker does this to control, intimidate and generate fear in the person they are stalking. The individual being stalked may experience like they are in danger. Stalking comprises of a consistent course of conduct or actions by a person which are meant to uphold contact with or exercise power and control over another person. These actions trigger distress, loss of control, fear or harassment to another person and happen more than once. Stalking is a behaviour that should never be taken lightly. It involves unwanted or obsessive attention by an individual or group towards another person, often leading to harassment and intimidation. In the context of divorce, stalking can be a way for a narcissistic ex-spouse to exert control and seek vengeance over their former partner. It is important to recognize the signs of stalking and take appropriate measures to protect oneself and their children from potential harm.

Stalking can involve threats or sexual innuendo and the stalker generally tries to intimidate or induce fear in the person they are stalking. 

Stalking restricts a person’s independence and makes them think they have lost control over their lives. Many people who have been stalked are pressured to change their lives, such as by moving house and changing jobs.

Anybody can be a victim of stalking. Perpetrators consist of current or former partners, relatives and strangers. 

Signs of stalking

Stalking comprises of a sequence of unusual or suspicious incidents. To control, frighten and create anxiety in a person, a stalker may:
​
  • make recurring phone calls
  • send countless text messages
  • loiter outside or near a person’s home or work
  • leave messages on social networking websites, such as Facebook
  • leave notes on a person’s car
  • leave flowers at a person’s home
  • follow or continually stare at the person they are stalking
  • monitor a person’s use of technology, such as phone, email and other communications.

Stalking as a Tactic of Control for Narcissistic Ex-Spouses

Narcissistic ex-spouses often resort to stalking as a means of maintaining control over their former partners. After a divorce, they may feel a loss of power and seek to regain it by exerting control over their ex-spouse's life. Stalking allows them to monitor their victim's actions, manipulate those around them, and cause emotional distress. It is crucial to recognise these behaviours and take proactive steps to ensure personal safety.

The Devastating Effects of Stalking on Victims

Stalking can have severe and long-lasting effects on its victims. The constant fear and anxiety that come with being stalked can take a toll on one's mental and emotional well-being. Victims may develop symptoms of post-traumatic stress disorder (PTSD), experience difficulty sleeping or concentrating, and suffer from depression and anxiety. It is essential to seek support and professional help to cope with the emotional impact of stalking.

Legal Measures to Combat Stalking

In recent years, laws addressing cyberstalking and cyber harassment have been enacted to protect individuals from online stalking. These laws provide legal recourse for victims. It is crucial to familiarise yourself with the specific legislation and how to obtain an interim protection order.

Protecting Yourself and Your Online Presence

During divorce proceedings, it is advisable to limit your online presence and be cautious about what information you share. Stalkers can manipulate and twist any online content to their advantage, potentially using it against you in court. Consider removing personal social media accounts or adjusting privacy settings to protect your information. 

The Importance of Education and Awareness

Increasing public awareness about stalking is essential to prevent and combat this pervasive issue. By understanding the signs and effects of stalking, individuals can be better prepared to protect themselves and seek help when needed. 

Conclusion

Stalking is a serious issue that can have devastating effects on divorced individuals and their families. It is important to recognise the signs of stalking, seek help and support, and take proactive steps to protect oneself from potential harm. By raising awareness, educating the public, and implementing stronger legal measures, we can work towards creating safer divorce proceedings and a society that stands against stalking and harassment.

Remember, if you or someone you know is a victim of stalking, reach out for help and support. You are not alone, and there are resources available to assist you in navigating this challenging situation.

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Email: familylaw(@)mpw.co.za​


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Legal Notices
  • Home
  • Divorce
    • The Reasons for Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage out of Community of Property, new case
      • Marriage in Community of Property
      • Marriage out of community without accrual >
        • Understanding Post-1984 Marriages
      • Marriage out of community with the inclusion of the accrual
      • Anti-Dissipation Interdicts Divorce
      • Universal Partnerships
      • Antenuptial Contracts
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
      • Postnuptial Contracts
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Divorcing a Narcistic Spouse
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Ingredients of a successful relationship
    • What are the elements of a successful marriage?
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
    • Variation of Maintenance due to loss of employment
    • Contempt of Court Maintenance
  • Children
    • Section 28 of the Children's Act
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
    • The Hague Convention >
      • Child Participation in South African Family Law and the Hague Convention
      • International Child Custody Law South Africa
      • Hague Applications and Domestic Violence
      • Mirror Orders and the Hague Convention
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Unmarried Fathers Rights
    • Parenting Plans >
      • Parenting Plan
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • The Law on Grandparents Rights over Children
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
      • What is the effect of Parental Alienation on children?
    • Living Arrangements
    • What effect does divorce have on children?
    • The Voice of the Child in Divorce
    • Facilitation
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • Domestic Violence Legislation and Case Law
    • The New Domestic Violence Act 14 of 2021
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Being married to a Narcissist.
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment >
      • Harassment Forms
  • Cohabitation
    • Universal Partnerships in South African Cohabitation
    • Maintenance and Cohabitation
    • Interim Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
  • Formalities for marriage in south africa
    • South Africa's New Marriage Bill: A Step Towards Equality and Inclusion
    • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Register for the Online Family Law Course
  • About the Author
  • Contact
  • Charities