Protection orders in South Africa: how to apply under the Domestic Violence Act

What counts as domestic violence

Physical, sexual, emotional, verbal, psychological and economic abuse, intimidation, harassment, stalking, damage to property, and controlling behaviour — by someone you live with, are married to, date, or share a child with.

Step 1: Go to the clerk of the court

Ask for the domestic violence section. You'll complete an application form and swear an affidavit setting out what happened, with dates and any evidence — messages, photos, medical reports, witness names.

Step 2: The interim order

If the court is satisfied there's prima facie evidence of abuse, it issues an interim protection order immediately. It only takes effect once served on the respondent.

Step 3: The return date

Both parties appear on the return date. If the respondent opposes, the court hears evidence and decides whether to make the order final.

If the order is breached

A final or interim order comes with a suspended warrant of arrest. If the respondent breaks its terms, you hand the warrant to the police and the respondent can be arrested.

Harassment outside domestic relationships

If the person harassing you isn't a domestic relation — a neighbour, ex-colleague or stranger — you apply under the Protection from Harassment Act 17 of 2011 instead, at the same courts.

Keep records

Write down every incident with dates, keep messages and photos, and get medical reports where relevant. A clear written record is what turns a dispute into an order.

Frequently asked questions