Applying for a protection order

A protection order is a court order that tells someone to stop abusing you. If a partner, ex-partner or family member is hurting, threatening or controlling you, you can apply for one under the Domestic Violence Act 116 of 1998.

Men can apply in exactly the same way as women. What matters is whether you are in a domestic relationship with the person and whether they have abused you.

Who can apply

You can apply if you are in a domestic relationship with the person who is abusing you. That includes someone who is or was:

• your wife, husband or partner, whether or not you were married;
• your girlfriend or boyfriend, or someone you were dating or engaged to;
• the other parent of your child;
• a family member, such as a parent, child, sibling or in-law;
• someone you live with or used to live with.

Domestic violence is not only physical. The Act covers sexual, emotional, verbal, psychological and economic abuse, intimidation, harassment, stalking and damage to property, among other things. Read Signs you are in an abusive relationship if you are not sure whether what is happening counts.

Someone else, such as a family member, friend or social worker, can also apply on your behalf, usually with your written consent. A child can apply, and an adult can apply on behalf of a child.

If the person harassing you is not a partner or family member, read Protection orders for harassment instead.

What a protection order can do

The court can order the other person to stop abusing you. Depending on your situation, it can also order them not to:

• contact you, or get someone else to contact you;
• come to your home, your workplace or other places you go;
• damage or take your property.

In some cases, it can also make orders about the shared home, contact with children or urgent costs such as rent, and order the police to take away a weapon.

How to apply

You don't need a lawyer to apply.

1. Go to the Magistrate's Court. You can usually apply at the court in the area where you live or work, where the other person lives or works, or where the abuse happened. Ask for the clerk who deals with domestic violence applications. The clerk will give you the forms and explain them.
2. Write down what happened. Describe the abuse in your own words, with dates, places and details. Your application is made under oath, so only include what is true.
3. Add your evidence. Bring copies of messages, photos of injuries or damage, medical records, your police case number if you have one, and the names of witnesses.
4. Read everything before you sign. Make sure it says what you mean. Ask for changes if anything is wrong.
5. See the magistrate. The magistrate will read your application and may ask you questions. They will then decide whether to grant an interim order.

The interim order and the return date

If the magistrate is satisfied that there is evidence of abuse and that you could suffer harm if they wait, they can grant an interim protection order. This can be done without the other person being present or even knowing about the application.

The interim order must be served on the other person, usually by the sheriff or the police. It only takes effect once it has been served. Keep a copy with you at all times.

The order will give a return date. On that date, both of you can come to court. The other person can give their side, and the magistrate will then decide whether to make the order final.

• Go to court on the return date. If you don't go, your interim order may fall away.
• Bring your evidence and any witnesses.
• A final order stays in force until a court changes or cancels it.

If the magistrate does not grant an interim order, the court will set a date for both of you to come to court, and your application will be heard then.

The warrant of arrest

When the court grants a protection order, it also issues a warrant of arrest for the other person. The warrant is suspended. This means it is only used if they breach the order.

If they breach it, go to the police with your copy of the order and the warrant, and make a statement about what happened. The police can then arrest them. Breaking a protection order is a crime. If the warrant is used or lost, you can ask the court for a new one.

Myths and facts

Making false statements in an application is a crime. If an order has been taken out against you, read When a protection order is taken out against you.

Getting support

• In an emergency: SAPS on 10111, or 112 from a cell phone.
• GBV Command Centre: 0800 428 428, for all genders, 24 hours a day.
• Legal Aid South Africa Advice Line: 0800 110 110.
• Lifeline South Africa: 0861 322 322, 24 hours a day.
• SADAG Suicide Crisis Helpline: 0800 567 567, 24 hours a day.

You can report the abuse anonymously at /report and tick that you would like support, or contact our support team at /contact?topic=support. More helplines are listed at /resources.