Restraining Orders in South Africa | How They Work

A “restraining order” in South Africa is the everyday name for a protection order issued under the Domestic Violence Act 116 of 1998. The Act provides for two stages: an interim protection order, issued by a magistrate without notice to the respondent and valid until a return date, and a final protection order, issued after the respondent has been notified and heard. Applications are made on Form 1 at the Magistrate’s Court in the district where the applicant or respondent resides, with no filing fee. Breach is a criminal offence under section 17, and a warrant of arrest may authorise arrest without warrant on suspicion of breach.

Note on terminology: a search for “restraining orders in South Africa” often returns pages about restraint of trade — a separate employment-law doctrine. This article is about the protection-order remedy under the Domestic Violence Act 116 of 1998.

What a Restraining Order Means in South African Law

“Restraining order” is the colloquial English term used in South Africa for a protection order under the Domestic Violence Act 116 of 1998; the two phrases refer to the same statutory remedy. South African courts also grant interdicts — a common-law remedy that restrains a person from doing something — but “restraining order” almost always means a protection order under the Act.

The Domestic Violence Act 116 of 1998 Framework

The Domestic Violence Act 116 of 1998 governs protection orders. Section 1 defines “domestic violence” broadly — physical, sexual, emotional, verbal and psychological abuse, economic abuse, intimidation, stalking, harassment, and damage to property. An applicant must be in a “domestic relationship” with the respondent — spouses, life partners, parents of a child, family members, people who share or have shared a residence, or people in an engagement or customary relationship.

Two Stages: Interim and Final Protection Orders

The Act sets out a two-stage process: the interim protection order, an ex parte order issued on the day the application is lodged, and the final protection order, issued at a return-date hearing after the magistrate has heard both sides.

Stage	Issued under	Issued on	Notice to respondent	Effect
Interim protection order	Section 4 of the Act	The day the application is lodged, on the applicant’s supporting affidavit alone	No — issued ex parte (without notice)	Prohibits the conduct complained of until the return date
Final protection order	Section 5 of the Act	At the return-date hearing, after the magistrate has heard both sides	Yes — respondent served with the application and the notice of hearing	Replaces or confirms the interim order for a longer period

A warrant of arrest (Form 4) is issued together with the protection order and remains in force against the respondent, allowing the police to act on breach.

How to Apply for a Restraining Order

The application is completed by the applicant in person. The standard procedure at a Magistrate’s Court is:

1. Complete Form 1 (Application for Protection Order) at the Magistrate’s Court in the district where you or the respondent live, work, or carry on business, or where the conduct occurred.
2. Attach a sworn supporting affidavit (Form 1a) setting out each incident, the dates, what happened, any witnesses, and the relief sought.
3. Submit the application to the clerk of the magistrate’s court — there is no filing fee.
4. The clerk refers the application to a magistrate, who may grant an interim protection order on the day it is lodged, without the respondent being present.
5. The clerk issues a Notice of Hearing (Form 3) setting a return date, usually seven to fourteen days later, and arranges service on the respondent.
6. If the respondent cannot be served in time, the interim order may be extended; once served, the matter proceeds to the hearing.
7. At the hearing, the magistrate hears both sides and decides whether to issue a final protection order.

What a Restraining Order Can Prohibit

The Act gives the magistrate wide discretion to tailor the order to the facts. The relief the court may grant includes, in any combination:

• Order the respondent to stop committing acts of domestic violence against the applicant, children, or other named persons.
• Prohibit the respondent from entering the shared residence, or part of it, or coming within a specified distance.
• Prohibit the respondent from contacting the applicant at home, work, or any specified place.
• Prohibit the respondent from enrolling the children at a new school or relocating them.
• Order the respondent to pay emergency monetary relief for immediate household necessities.
• Order the respondent to surrender any firearm, ammunition or dangerous weapon.

What Happens if a Restraining Order Is Breached

Breach of a protection order is a criminal offence under section 17 of the Act; the respondent may be arrested and charged in the Magistrate’s Court. A police officer may arrest without a warrant on reasonable suspicion of breach and a warrant of arrest in force under section 11. The arrest may follow a complaint by the applicant or any witness.

Difference Between a Protection Order and an Interdict

South African law offers three overlapping remedies. A protection order is a statutory remedy under the Domestic Violence Act, applied for at the Magistrate’s Court, free of charge, by an applicant in a domestic relationship with the respondent. An interdict is a common-law remedy applied for in the High Court or a Magistrate’s Court in its civil jurisdiction, on notice to the respondent.

Interdicts are used where there is no “domestic relationship” — neighbour disputes, harassment by a stranger, nuisance, or commercial matters — and are not free. A third remedy is the harassment order under section 10 of the Protection from Harassment Act 17 of 2011, available against any person on a fee-paid basis. Picking the wrong remedy is a common mistake: commercial, neighbour, or non-domestic disputes should go via an interdict or harassment order, not a protection order.

Frequently Asked Questions

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

There is no filing fee under the Domestic Violence Act 116 of 1998. The clerk of the Magistrate’s Court must assist unrepresented applicants, and legal representation is not required.

How long does it take to get a restraining order?

An interim protection order can be granted on the same day as the application, without the respondent being present. A return-date hearing is then scheduled, usually seven to fourteen days later.

Do I need a lawyer to apply for a restraining order?

No. The application is designed to be accessible without legal representation. An attorney is useful where the matter is contested or sits alongside related disputes such as custody or maintenance.

What is the difference between a restraining order and a protection order?

“Restraining order” is the common English term; “protection order” is the term used in the Domestic Violence Act 116 of 1998. In domestic-violence matters they refer to the same remedy. An interdict is a common-law remedy used outside a domestic relationship; a harassment order under the Protection from Harassment Act 17 of 2011 is a third remedy.

Can the police enforce a restraining order?

Yes. A warrant of arrest is issued together with the protection order, and a police officer may arrest without a warrant on reasonable suspicion of breach. Breach is a criminal offence under section 17 of the Act.

A contested return-date hearing — or one that sits alongside a divorce, custody dispute or maintenance claim — is where an attorney earns the fee. Burger Huyser Attorneys’ Family Law team handles domestic-violence and protection-order matters alongside the firm’s divorce, custody and maintenance work, with intake at the head office in Linden, Randburg (49 First Avenue, 011 888 0246) and branches across Sandton, Pretoria (Menlyn), Bedfordview, Centurion, Alberton, Roodepoort and Midrand. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified). Get in touch if you need representation at the hearing.