Steps on How to Get a Restraining Order in South Africa

A restraining order in South Africa is formally called a protection order and is governed by the Domestic Violence Act 116 of 1998. The applicant applies at the Magistrate’s Court using the prescribed application form, sets out the domestic-violence conduct complained of, and (if the court is satisfied on the papers) is granted an interim protection order that is served on the respondent and becomes returnable for a hearing that can lead to a final protection order. There is no filing fee, an applicant does not need a lawyer to file, and if the respondent breaches the order the police may arrest without a warrant under section 11 of the Act.

Why the Term “Restraining Order” Is Confusing in South Africa

In South Africa, what laypeople call a “restraining order” is almost always a protection order under the Domestic Violence Act. Common-law interdicts — for example, a peaceable-and-undisturbed-possession interdict from the High Court — exist, but they are a different route that operates on different facts, in a different court, and without the same arrest-without-warrant enforcement.

Family- and domestic-violence conduct is channelled through the Magistrate’s Court under the DVA, not through a High Court interdict. The two terms are often used interchangeably in casual writing (including in some South African legal-blog content), but only the DVA pathway carries the criminal-law consequence of arrest without a warrant on breach.

Governing Law: The Domestic Violence Act 116 of 1998

The Act defines “domestic violence” broadly. It includes physical abuse, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, stalking, damage to property, and entering the complainant’s residence without consent where the parties do not share the residence.

A “domestic relationship” is similarly wide. It is not limited to married couples — it includes people who are dating, co-habiting, in same-sex relationships, family members, and certain close acquaintances where the Act applies.

Section	What it does
Section 1	Defines “domestic violence” and “domestic relationship”
Section 4	Lists the categories of person who may apply as complainant
Section 5	Sets out the interim protection order
Section 6	Sets out the final protection order after a hearing
Section 7	Lists the orders the court may make
Section 11	Empowers a police officer to arrest without a warrant on breach

The Act replaced the earlier Prevention of Family Violence Act 133 of 1993. Older process descriptions referring to the repealed Act still circulate online and should not be relied on.

Who Can Apply (and Who Counts as a “Complainant”)

• Any person in, or alleging to have been in, a domestic relationship with the respondent, where the respondent has committed an act of domestic violence.
• A child, either directly or through a parent or guardian applying on their behalf.
• Someone in a close-acquaintance-type relationship where the Act applies, including non-married and same-sex partners.
• An employee of an organisation acting in the interests of an adult complainant, with leave of the court — for example, a social worker.

What Counts as Domestic Violence in Terms of the Act

The Act lists the following recognised forms of abuse. A single category is enough — the complainant does not need to prove more than one.

• Physical abuse — assault, threats to the person, any form of physical harm.
• Sexual abuse — coerced sexual contact or degradation within a domestic relationship.
• Emotional, verbal and psychological abuse — patterns of conduct that cause or threaten harm to a person’s dignity or wellbeing.
• Economic and financial abuse — controlling finances, withholding money, preventing a partner from working.
• Stalking, intimidation, and harassment.
• Damage to property — where intended to intimidate or control the complainant.
• Any other controlling or abusive conduct falling within section 1 of the Act.

Where to Apply — Which Magistrate’s Court Has Jurisdiction

An applicant may file at any one of three Magistrate’s Courts:

1. The court of the district where the complainant resides.
2. The court of the district where the respondent resides.
3. The court of the district where the act of domestic violence occurred.

This threefold choice is deliberate — it lets an applicant file in a court they can actually get to safely. The application is free; there is no filing fee in protection-order matters. In practice many applicants use the court nearest to their home or workplace, particularly because the interim order must be served on the respondent and the final hearing may require repeated court appearances.

Steps to Get a Restraining Order (Protection Order)

1. Gather your evidence. Photos of injuries, medical reports, witness names, text messages, social-media records, prior police CAS numbers.
2. Visit the Magistrate’s Court that has jurisdiction (home, work, or where the violence occurred) during court hours and ask for the protection-order clerk. Most courts have a dedicated domestic-violence counter.
3. Complete the prescribed application form in the presence of the clerk. The application form is commonly referenced as Form 2 in DVA practice; some courts provide a social worker to assist.
4. The application is placed before a magistrate, usually the same day, for a decision on whether to issue notice to the respondent or, in urgent cases, an interim protection order.
5. If the matter is sufficiently urgent — for example, ongoing or escalating threats — the magistrate may issue an interim protection order without the respondent being present (ex parte), under section 5 of the Act. A suspended warrant of arrest is issued at the same time.
6. The clerk arranges service. SAPS serves the interim order and a return-date notice on the respondent, fixing the date, time and court for the hearing.
7. Attend the return-date hearing. This is where the respondent gets an opportunity to present their side. Bring the same evidence and any further witness information.
8. The magistrate hears both sides and either discharges the interim order or issues a final protection order under section 6 of the Act.
9. Receive the final order. Confirm a copy has been served on the respondent, and keep a certified copy at home and at work.
10. If the respondent breaches any term — call 10111 (SAPS emergency line) or 112 from a mobile. Under section 11 of the Act, the police may arrest without a warrant.

Interim vs Final Protection Orders — The Two-Stage Structure

South African protection orders run in two stages. Understanding the distinction matters, because most of the practical protection happens at the interim stage.

Feature	Interim Protection Order	Final Protection Order
When granted	On the papers, usually the day of application, where the magistrate is satisfied there is prima facie evidence of domestic violence	After a hearing at which both sides have had a chance to present evidence
Statutory basis	Section 5 of the Domestic Violence Act	Section 6 of the Domestic Violence Act
Duration	Until the return-date hearing	Can be indefinite; enforceable throughout South Africa
Arrest on breach	Yes — section 11 applies	Yes — section 11 applies

Most successful protection orders pass through both stages in sequence: the interim order protects the applicant during the gap before the final hearing, and the final order takes over once the respondent has had an opportunity to be heard.

What Conditions a Protection Order Can Include

Under section 7 of the Act, the court may impose any of the following — either alone or in combination.

• Prohibition on the respondent committing any further act of domestic violence.
• Prohibition on contacting the complainant — direct, indirect, through third parties, or by any electronic means.
• Prohibition on entering or approaching the complainant’s residence, workplace, or other specified place.
• Prohibition from getting within a specified distance of the complainant.
• An order granting the complainant exclusive occupation of the shared residence — even where it is jointly owned.
• An order suspending a firearms licence held by the respondent and requiring the police to seize weapons.
• A “catch-all” order the court considers necessary to protect the applicant.

What Happens If the Respondent Breaches the Order

Breach of a protection order is a criminal offence in itself, separate from any underlying act of domestic violence. The practical consequences are sharp:

• Under section 11 of the Act, a police officer may arrest the respondent without a warrant on a credible complaint of breach.
• SAPS operational guidance treats this as removing the need to obtain a fresh warrant once the underlying order is already on file.
• Breach can carry a fine or imprisonment; a pattern of breaches can ground an escalation in urgency at the return-date hearing.
• A breach can be relied on later in any related divorce, custody, or criminal matter.

The SAPS Side — What the Police Must Do

The South African Police Service has specific duties under the Act, and applicants can rely on them.

• Members must assist any person who applies for a protection order, whether at a police station or at court.
• Once an interim or final order is granted, SAPS must serve it on the respondent if the court directs service. If the clerk cannot arrange service, the complainant may request assistance from the local station.
• Police must investigate allegations of breach and, if satisfied on reasonable grounds, may arrest without a warrant.
• If a respondent subject to a firearms-suspension condition is found in possession of a firearm, that is itself a criminal offence.

When It Helps (and Doesn’t Help) to Have a Lawyer

An applicant can apply without a lawyer — the form is straightforward and the clerk may assist with completion. In urgent cases, a magistrate can grant an interim order the same day without the respondent being present.

A lawyer adds the most value in five situations:

1. The factual record is complex or voluminous.
2. There are contested cross-border issues.
3. Parallel criminal proceedings are pending.
4. A child is the complainant.
5. The application may attract a counter-application.

Lawyers are especially useful at the return-date hearing, where the respondent may dispute the order and the matter may be defended. If the order is contested, the cost of inadequate preparation is usually loss of the interim protection and the protective effect the order was meant to provide — this is the central reason applicants brief counsel on disputed files.

In practice, the NGO sector — including the Tears Foundation and Mosaic — supports many applicants free of charge with form completion, safety planning and court support. Lawyers are typically engaged at the contested-hearing end.

Burger Huyser — When the Firm Steps In

Burger Huyser Attorneys’ Family Law practice fields protection-order and domestic-violence work across the firm’s Gauteng branches. That includes interim-order applications, contested return-date hearings, and parallel family-law remedies (maintenance, custody, divorce) where they run alongside the protection order.

Case intake is available at the head office in Linden, Randburg (49 First Avenue, 011 888 0246, after-hours 061 516 6878) and at:

Branch	Telephone
Roodepoort	011 668 0030
Sandton	011 253 3080
Pretoria / Menlyn	012 471 5700
Centurion	012 644 4990
Bedfordview	011 201 7190
Alberton	011 439 3990
Midrand	010 022 4082

Initial intake is usually a phone call or short consultation at any branch. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”). For an immediate safeguarding concern, contact the South African Police Service on 10111 before scheduling a legal consultation.

Frequently Asked Questions

How much does it cost to get a restraining order in South Africa?

There is no filing fee for a protection order application — it is free. The cost is usually the applicant’s time and travel to the Magistrate’s Court, and (if a lawyer is briefed) the legal fees for preparing for the return-date hearing. NGO support organisations such as the Tears Foundation and Mosaic help applicants complete and file the application for free.

Can I apply for a protection order without a lawyer?

Yes — applicants commonly apply in person at the Magistrate’s Court. The clerk assists with the prescribed form, and in urgent cases a magistrate can grant an interim protection order the same day without the respondent being present. A lawyer is most useful where the order is likely to be contested at the return-date hearing.

How long does the process take from application to final order?

An interim protection order is often granted on the day of application. The return date for the final hearing is typically set within one to two weeks after service on the respondent, depending on the court’s roll. The whole process from first application to final order therefore often spans roughly two to four weeks, assuming service on the respondent goes smoothly.

Does a protection order cover my children too?

The DVA recognises children as complainants in their own right. A parent or guardian may bring an application on behalf of a child, and a final protection order can be tailored to prohibit the respondent from contacting or approaching the child as well as the parent. In many cases the family-law route (care and contact) runs in parallel, particularly where the parties share parenting responsibilities.

What happens if the respondent breaks the order?

A breach of a protection order is a criminal offence, and under section 11 of the Act a member of the SAPS may arrest the respondent without a warrant on a credible complaint of breach. Practically this means the applicant can call 10111 (or 112 from a mobile), report the breach, and the respondent can be taken into custody without the applicant needing to lay a separate charge at a police station.

What is the difference between a protection order and a peaceable-possession-type interdict?

A protection order is the remedy under the Domestic Violence Act 116 of 1998 — applied for at the Magistrate’s Court by an applicant in a domestic relationship, free, with the arrest-without-warrant consequence on breach. A peaceable-and-undisturbed-possession interdict, by contrast, is a common-law remedy usually sought from the High Court to protect possession of property; the two operate on different facts, in different courts, and with very different enforcement mechanisms.