How To Protect Yourself Under the Domestic Violence Act in South Africa?

The Domestic Violence Act 116 of 1998, as amended by the Domestic Violence Amendment Act 14 of 2021, allows any person in a “domestic relationship” who is being abused — physically, sexually, emotionally, economically, or by controlling or coercive behaviour — to apply for a protection order at the Magistrate’s Court in the district where they live, work, or carry on business (or where the respondent lives). The application is free, no legal representation is required, and an interim order may be granted the same day on a prima facie case. The court can prohibit the respondent from contacting, approaching, or entering the complainant’s residence, order them to surrender firearms, order payment of rent or damages, and any breach of a final protection order is a criminal offence arrestable without a warrant under section 40 of the Act.

What the Domestic Violence Act Actually Covers (Section 1, as Amended)

The Domestic Violence Act defines both the kinds of conduct that count as abuse and the categories of relationship the Act covers. The Domestic Violence Amendment Act 14 of 2021 materially expanded both definitions, so conduct that previously fell outside the Act now falls squarely inside it.

Acts that qualify as “domestic violence”

• Physical abuse, or the threat of physical abuse
• Sexual abuse, or the threat of sexual abuse
• Emotional, verbal, or psychological abuse
• Economic abuse — controlling finances, withholding money, or exploiting a partner’s financial dependence
• Intimidation, harassment, or stalking
• Damage to property
• Entry into the complainant’s residence without consent, where the parties do not share the residence
• Coercive behaviour — expressly added by the Amendment Act
• Controlling behaviour — expressly added by the Amendment Act
• Any other abusive or controlling behaviour that causes harm

Who counts as being in a “domestic relationship”

The Amendment Act widened this materially, in particular by capturing relationships that were previously excluded.

• Married or formerly married spouses, including customary and same-sex marriages
• People who live or have lived together in a domestic setting, including same-sex partners
• People in a dating, engaged, or romantic relationship, even if they have never lived together — newly added under the Amendment Act
• Parents of a child, and people sharing parental responsibility
• Family members related by blood, marriage, or adoption, including extended family

If your relationship falls into any of these categories, you qualify to apply. You do not have to show you were ever married, ever lived with the person, or that the abuse was physical.

The Protection Order: Your Main Remedy

A protection order is a civil order issued by a Magistrate’s Court. It is not, on its own, a criminal conviction — but breach of it is a criminal offence. The court tailors the order to your specific situation; you ask for the relief you need and the magistrate decides which terms to impose.

Under section 7 of the Act, the court may make any of the following orders, either alone or in combination:

• Prohibit the respondent from committing any act of domestic violence
• Prohibit the respondent from contacting or approaching the complainant, or specified family members
• Order the respondent to leave the shared residence
• Prohibit the respondent from entering the complainant’s residence, workplace, or school
• Order the respondent to pay rent or mortgage for the shared residence
• Order the respondent to compensate the complainant for economic loss or damage to property
• Order the respondent to surrender any firearm in their possession
• Order the respondent to attend counselling

The Process, Step by Step

1. Go to your nearest Magistrate’s Court. Applications may be lodged at the Magistrate’s Court for the district where the complainant resides, is employed, or carries on business, OR where the respondent resides. There is no filing fee — protection-order applications are free.
2. Complete Form 2 (Notice of Application for Protection Order). The form requires your details, the respondent’s details, the nature of the abuse, and the relief you are seeking. Court staff and clerks can assist with the form; you do not need a lawyer to lodge it.
3. The magistrate considers an interim protection order. If the magistrate is satisfied there is a prima facie case that domestic violence has been or is being committed, an interim protection order is issued. This happens on the same day in straightforward cases.
4. The interim order is served on the respondent. Service is by the police (or a person designated under the Domestic Violence Regulations, 2022). The interim order tells the respondent when the court will hear whether the order should be made final.
5. The return-date hearing. A short return date is set, typically within two weeks. Both parties may appear and lead evidence. The respondent may oppose the application.
6. The magistrate decides whether to grant a final protection order. The threshold for a final order is whether the court, on the balance of probabilities, believes the complainant has been subjected to domestic violence or is at risk of it. A final order may be indefinite or for a specified period.
7. Enforcement. Any breach of either an interim or final protection order is an offence. Under section 40 of the Act, a police officer may arrest the respondent without a warrant if there is reasonable suspicion that they have breached the order or committed an offence involving domestic violence.

Interim vs Final Protection Order

Feature	Interim Protection Order	Final Protection Order
When it issues	On the day of application, on a prima facie case	At the return-date hearing, on the balance of probabilities
Duration	Until the return-date hearing (short-term)	Indefinite, or for a specified period
Service on respondent	Required before it takes effect	Already served with the interim order
Breach consequences	Arrestable without warrant (s 40)	Arrestable without warrant (s 40); may trigger electronic monitoring under the Amendment Act

Breach and What Happens Next

A breach of an interim or final protection order is a criminal offence. The police must arrest without a warrant if they have reasonable suspicion a breach has occurred — they do not need to wait for a new incident to escalate. The Amendment Act introduced electronic monitoring of respondents who breach final protection orders, prescribed by the Domestic Violence Regulations, 2022 — a court may order the respondent to wear an electronic monitoring device.

Separate criminal charges (assault, sexual assault, crimen injuria, malicious damage to property) can run in parallel. The protection order is a civil remedy, not a substitute for criminal prosecution, and the two processes do not exclude one another.

What a Protection Order Does NOT Do

• It does not automatically grant custody of children — parenting disputes are dealt with under the Children’s Act.
• It does not automatically grant maintenance — maintenance is a separate application under the Maintenance Act.
• It does not dissolve a marriage — that requires a divorce action.
• It does not by itself remove the respondent from the home if they hold title or a lease in their own name — the court can order this as part of the protection order, but it is a tailored order, not automatic.

What to Bring to the Magistrate’s Court (Practical Checklist)

• Your identity document
• Any written record of incidents (dates, times, what happened, witnesses, photographs, injuries, screenshots of messages, recordings where lawful)
• Details of the respondent (full name, ID number if known, address, place of work)
• Any prior police case numbers, medical reports, or sworn affidavits
• Names and details of any children or other household members included in the application

Filing in Gauteng: Why It’s the Magistrate’s Court, Not the High Court

Domestic-violence and protection-order matters are handled at the Magistrate’s Court, not the High Court, even though the subject matter can feel serious enough to belong in a higher forum. Across Gauteng, applicants typically file at the Magistrate’s Court serving the district where they live — for example, the Randburg Magistrate’s Court covers Randburg and Linden; the Centurion Magistrate’s Court / Periodical Court (Lyttelton Manor) covers the Centurion area; and the Roodepoort, Sandton (in practice Alexandra / Wynberg), and Pretoria-area periodical courts serve their respective districts.

The form itself (Form 2, prescribed under the Domestic Violence Regulations, 2022) is the same across the country and is available from the clerk of the Magistrate’s Court free of charge. Court clerks are required to help you complete it, so do not let the paperwork be a barrier.

Burger Huyser Attorneys fields domestic-violence and protection-order matters through its Family Law Department, headed by Director Anna-Mi Nel, with branch teams across Gauteng. Anyone unsure whether the protection-order route is the right one for their situation can contact the nearest branch for a confidential intake conversation; where the matter also involves a criminal charge, the firm’s criminal-law practice (including specialist consultant Clinton Shaw on assault matters) can coordinate with the family-law team.

Why It Helps to Have a Lawyer on Standby

You do not strictly need a lawyer to apply — the form is short, the application is free, and court staff can help. But a protection order is rarely the end of the matter. Where there are children, property, ongoing risk, or a respondent who intends to contest the order at the return-date hearing, having an attorney prepare your evidence and appear alongside you can make the difference between a final order and an adjournment. Burger Huyser Attorneys’ Family Law Department, under Director Anna-Mi Nel, handles this kind of work across the firm’s Gauteng branches, alongside the general-litigation teams that deal with related High Court matters.

Need to apply for a protection order, or has a current one been breached? Burger Huyser Attorneys’ Family Law team can help, led by Director Anna-Mi Nel with branch teams across Gauteng. Call the nearest office for a confidential consultation:

• Linden (head office): 011 888 0246
• Bedfordview: 011 201 7190
• Centurion: 012 644 4990
• Sandton: 011 253 3080
• Pretoria / Menlyn: 012 471 5700
• Roodepoort: 011 668 0030
• Alberton: 011 439 3990
• Midrand: 010 022 4082

If a protection-order breach or imminent harm is occurring right now, call the South African Police Service on 10111 or the GBV Command Centre on 0800 428 428 (toll-free, 24/7).

Frequently Asked Questions

Do I have to be married to the abuser to get a protection order?

No. Under the amended definition of “domestic relationship,” you may apply even if you were only dating, engaged, or in a romantic relationship — including a same-sex relationship — without ever having lived together. Family members, co-parents, and people who have shared a residence also qualify.

Is there a fee to apply for a protection order?

No. Protection-order applications under the Domestic Violence Act are free; there is no filing fee at the Magistrate’s Court.

How quickly can I get a protection order?

An interim protection order can be granted on the same day you apply, if the magistrate is satisfied there is a prima facie case. A final order is decided at a short return-date hearing, usually within two weeks, once the interim order has been served on the respondent.

What happens if the respondent breaches the protection order?

Any breach is a criminal offence. Under section 40 of the Act, a police officer may arrest the respondent without a warrant if they have reasonable suspicion that a breach has occurred or that an offence involving domestic violence has been committed. The Amendment Act also allows a court to order electronic monitoring of the respondent.

Can I apply on behalf of a child or someone else who is being abused?

Yes. You can apply with the consent of the complainant, on behalf of a minor child as their parent or guardian, or in certain circumstances on behalf of another person who cannot act on their own behalf.

Will I need a lawyer to apply for a protection order?

Not strictly — the application form is straightforward and court staff can assist. However, involving a lawyer is often prudent where there are parallel issues such as children, property, or ongoing risk, where the respondent is contesting the order, or where you want support at the return-date hearing.