How to Get a Protection Order in South Africa

A protection order is a court order issued under the Domestic Violence Act 116 of 1998 that prohibits a person from committing acts of domestic violence against you. It is one of the most important legal tools available to victims of abuse in South Africa, and applying for one is free.

What is domestic violence?

The Act defines domestic violence broadly. It includes physical abuse, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, and entry into your home without consent.

Who can apply?

You can apply if you are in a “domestic relationship” with the abuser. This covers spouses and partners (married, customary or otherwise), people who share or shared a home, parents and children, family members, and people who are or were in an engagement, dating or romantic relationship. A person can also apply on behalf of a victim (for example a social worker, with the victim’s consent where required).

Step 1: Go to the Magistrates’ Court

Go to the Magistrates’ Court nearest to where you live, work, or where the abuse happened. Ask the clerk of the court for the domestic violence section. You complete an application form and a sworn affidavit describing the abuse. Bring any evidence you have — photos, medical reports, messages, or witness statements.

Step 2: The interim protection order

If the magistrate is satisfied that there is evidence of domestic violence and that you may suffer harm, the court can issue an interim (temporary) protection order the same day, even without the abuser present. The interim order is served on the abuser (the respondent) along with a notice to appear in court on a return date.

Step 3: The final protection order

On the return date, both parties appear in court. The abuser can oppose the order. If the court is satisfied, on a balance of probabilities, that domestic violence has occurred, it will issue a final protection order. This order can prohibit specific conduct and can deal with matters such as contact, residence and emergency monetary relief.

The warrant of arrest

A protection order is issued together with a suspended warrant of arrest. If the abuser breaches the order, you can approach the police, who can arrest the respondent. Breaching a protection order is a criminal offence that can lead to a fine or imprisonment.

Practical tips

Keep your copy of the protection order and the warrant with you at all times. If you are in immediate danger, phone the police on 10111. Organisations such as legal aid clinics and victim-support NGOs can assist you through the process at no cost.