Be Aware Of The New Amendments To The Domestic Violence Act In South Africa
The Domestic Violence Amendment Act 14 of 2021, signed into law on 28 January 2022 and brought into effect in stages under Government Gazette notice 48419 (with section 19A commencing on 28 January 2022 and the remaining substantive provisions commencing on 14 April 2023, except for section 6A), amended the Domestic Violence Act 116 of 1998 by introducing defined terms for “controlling behaviour” and “harassment,” broadening the categories of “related persons” who may apply for protection to include dating partners and ex-partners, and enabling the electronic filing and service of protection orders. Together these changes narrowed — but did not close — the gap between conduct South Africans experience as domestic abuse and what the law had previously recognised as such.
The Domestic Violence Act Before the Amendments: A Brief Refresher
The Domestic Violence Act 116 of 1998 (the principal Act) created a civil-law protection order framework as a remedy that sits alongside the criminal law. It defined domestic violence to include physical abuse, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, stalking, and damage to property. It limited protection to a defined set of “related persons” — married couples, life partners, family members, and people who share a child.
The principal Act did not expressly define “controlling behaviour” or “harassment,” and certain forms of coercive conduct fell outside its text even when they were widely understood as abuse. The application of the Act was further constrained by the requirement that the complainant and the respondent fall into one of the listed relational categories, leaving people in dating relationships and post-separation situations with a narrower route into court than the lived reality of the abuse they experienced.
What the Amendment Act 14 of 2021 Actually Changed
The Domestic Violence Amendment Act 14 of 2021 makes a series of structural changes to the principal Act. Each of these changes is operationalised by the Domestic Violence Regulations 2022, which were published in the Government Gazette to prescribe forms, electronic lodgement protocols, and the role of designated functionaries.
New definition of “controlling behaviour”
The amended Act defines “controlling behaviour” as a pattern of conduct that makes a person subordinate or dependent. The definition expressly captures isolating a person from friends, family, or other sources of support, controlling their finances, and surveilling or monitoring their movements. The pattern requirement distinguishes controlling behaviour from a single argument or disagreement.
New definition of “harassment”
The amended Act defines “harassment” as engaging in unreasonable conduct that causes fear, distress, or psychological harm. The definition expressly extends to electronic communications and to conduct carried out through third parties, even outside an existing relationship. This closes a gap that previously allowed post-separation harassment via intermediaries or digital channels to fall outside the Act.
Expanded “related person” definition
The amended definition of “related person” extends protection to people in dating relationships (not only marital or cohabiting partnerships), to people who share a child but are not or were not married to each other, and to people who previously had a relationship of a domestic nature. People who are separated or who have ended a relationship are also covered.
Electronic filing of protection order applications
Applications for protection orders may now be lodged electronically through the prescribed platform, alongside the existing in-person application at the Magistrate’s Court. The Domestic Violence Regulations 2022 set out the operational details for the electronic route, including the prescribed forms and the verification protocols.
Electronic service of protection orders
Courts may now serve interim and final protection orders electronically, in addition to personal service. This reduces delay in cases where the respondent is evading personal service, and supports faster enforcement where there is a real risk of further harm.
Designated functionaries’ mandatory reporting duty
Certain categories of professionals are now placed under a duty to report knowledge of domestic violence to a social worker or a police official. This narrows the gap that previously left reporting discretionary and creates a defined pathway from professional observation to state intervention.
Consequential amendments to other Acts
The Amendment Act also makes consequential amendments to the Criminal Procedure Act 51 of 1977, the Firearms Control Act 60 of 2000, the Protection from Harassment Act 17 of 2011, and the Superior Courts Act 10 of 2013. These consequential amendments align cross-referenced provisions with the broadened definitions and the electronic-application regime introduced by the principal amendments.
Practical effect: The combined effect of the new definitions, the expanded “related person” coverage, the electronic application route, and the mandatory reporting duty is that more complainants qualify for protection, more forms of abuse are captured, and the route from application to served order is shorter than under the pre-2021 framework.
What the New Definitions Actually Capture
“Controlling behaviour” is about patterns, not isolated incidents — a single argument is not controlling behaviour, but a sustained pattern of isolating, surveilling, or dominating a partner is. The pattern requirement means an applicant should be prepared to describe the conduct as a course of conduct rather than a one-off event.
“Harassment” now covers conduct that happens electronically or through a third party, closing a previous loophole that allowed post-separation harassment via intermediaries. WhatsApp messages, emails, social-media contact, and contact routed through family, colleagues, or mutual acquaintances all fall within the definition where the conduct is unreasonable and causes fear, distress, or psychological harm.
The expanded “related person” category means that a person being abused by an ex-partner or a current but non-cohabiting partner can apply for a protection order, even where the parties were never married or sharing a home. This is one of the most practical changes the Amendment Act introduces, because it brings the categories of eligible applicants closer to the relationships in which domestic abuse actually occurs.
Where the alleged conduct falls across multiple categories — economic abuse combined with surveillance, or stalking combined with digital harassment — the new definitions allow each strand to be pleaded on its own terms rather than being squeezed into the older categories.
How to Apply for a Protection Order Under the Amended Act
- Identify the correct court and route. Apply at the Magistrate’s Court in the district where you (the complainant) reside, or where the respondent resides, or apply electronically through the prescribed platform.
- Complete the prescribed form. Complete Form 1 (in person) or the equivalent electronic submission as set out in the Domestic Violence Regulations 2022.
- Interim protection order. The clerk of the court refers the application to a magistrate, who may issue an interim protection order on the basis of prima facie evidence of domestic violence. The interim order operates pending the return date.
- Service. The interim order is served on the respondent — now permitted electronically under the amended Act — and the matter is set down for a return date.
- Return date hearing. At the return date, the court hears both parties and decides whether to issue a final protection order. A final order may include any of the orders set out in section 7 of the principal Act.
Orders the Court Can Make (Section 7 of the Principal Act)
Section 7 of the principal Act sets out the orders a court may include in a final protection order. These orders operate together to address the immediate safety of the complainant, the practical logistics of separation, and the longer-term conduct of the respondent.
| Order | Effect |
|---|---|
| Prohibition on further domestic violence | Prohibits the respondent from committing any further act of domestic violence against the complainant. |
| Prohibition on entering the residence | Prohibits the respondent from entering the shared residence or the complainant’s residence. |
| Prohibition on contact | Prohibits the respondent from contacting the complainant, including by electronic means. |
| Rent or maintenance | Orders the respondent to pay rent or maintenance for the complainant. |
| Temporary custody of a child | Grants the complainant temporary custody of a child. |
| Refusal of contact with a child | Refuses the respondent contact with a child. |
| Compulsory programme | Orders the respondent to attend a specified programme, such as an anger-management programme. |
| Seizure of firearm or dangerous weapon | Authorises a police official to seize any firearm or dangerous weapon in the respondent’s possession. |
What Happens If the Respondent Breaches the Order
Breaching a protection order is a criminal offence. A police officer may arrest without a warrant where there is reasonable suspicion that the respondent has breached the order. The South African Police Service is obliged to act on a breach — the order is enforceable against the respondent by the State, not as a private undertaking between the parties.
A breach can also affect bail consideration in any related criminal proceedings and may aggravate the outcome of a parallel criminal trial. The amended Act clarifies the obligation on the SAPS to act on a breach, narrowing the discretionary gap that previously left some breaches unenforced.
Who Should Apply and What Documentation Helps
You should apply if you are a “related person” within the expanded definition. This includes married, cohabiting, dating, separated, and ex-partner relationships, as well as family members and people who share a child.
The application does not require legal representation, but representation is advisable where there are children, contested factual disputes, or parallel criminal proceedings. Burger Huyser Attorneys’ Family Law Department is led by Director Anna-Mi Nel and handles domestic violence and protection order matters across the firm’s Gauteng branches, including contested applications and responses to interim orders.
Useful supporting evidence includes:
- Photographs of injuries (dated where possible)
- Medical reports
- Witness statements
- Screenshots of digital communications (with metadata preserved)
- Prior police reports
- A contemporaneous written account of each incident
Where the conduct is electronic or third-party, preserve the original device and the message metadata — a screenshot alone is often insufficient where the order will be tested later.
Comparing the Old and New Framework
| Issue | Pre-2021 Act | Post-2021 Amendment Act |
|---|---|---|
| Definition of “domestic violence” | Behavioural categories (physical, sexual, emotional, economic, intimidation, stalking, property damage) | Adds defined terms for controlling behaviour and harassment |
| “Related persons” | Married, cohabiting, family, parents of a shared child | Extends to dating partners, ex-partners, and broader “relationship of a domestic nature” |
| Where to apply | Magistrate’s Court in person | Magistrate’s Court in person or via the prescribed electronic platform |
| Service of orders | Personal service | Personal service or electronic service |
| Functionaries’ reporting | Discretionary | Mandatory for designated categories |
| Harassment coverage | Limited to a relational context | Covers electronic and third-party conduct, even outside an existing relationship |
Filing a Protection Order in Gauteng
Domestic violence matters in South Africa are heard at the Magistrate’s Court, not the High Court, and the protection order application is filed in the district where the complainant resides or where the respondent resides. The electronic application route brought in by the Amendment Act sits alongside the in-person process, and there is no requirement to involve the Family Advocate, the SAPS Family Violence, Child Protection and Sexual Offences unit, or the High Court for the protection order itself — those bodies handle related matters such as criminal investigation, divorce, custody, and maintenance, but the order is a Magistrate’s Court process.
Burger Huyser Attorneys’ Family Law Department handles domestic violence and protection order matters across the firm’s Gauteng branches. The head office is in Linden, Randburg at 49 First Avenue (011 888 0246, after-hours 061 516 6878). Other branches that take instructions across the region include Sandton, Roodepoort, Bedfordview, Alberton, Centurion, Pretoria (Menlyn), and Midrand.
Frequently Asked Questions
When did the Domestic Violence Amendment Act 14 of 2021 come into effect?
The Amendment Act was signed into law on 28 January 2022. Section 19A commenced on 28 January 2022, and the remaining substantive provisions commenced on 14 April 2023 in terms of Government Gazette notice 48419, except for section 6A. The accompanying Domestic Violence Regulations were published in 2022 to operationalise the Act. The current commencement status of specific provisions should be verified against the latest Government Gazette notice before relying on the position set out here.
What is the new definition of “controlling behaviour” in the Act?
Controlling behaviour is defined in the amended Act as a pattern of conduct that makes a person subordinate or dependent, including isolating them from friends, family, or support, controlling their finances, and surveilling or monitoring their movements. The pattern requirement means a single incident is not, on its own, controlling behaviour.
Can I apply for a protection order against an ex-partner?
Yes. The amended definition of “related person” extends protection to people in current dating relationships, ex-partners, and people who previously shared a relationship of a domestic nature, even if they were never married or cohabiting.
Can I apply for a protection order online?
Yes. The amended Act allows for electronic application through the prescribed platform, alongside the existing in-person application at the Magistrate’s Court. The Domestic Violence Regulations 2022 set out the operational details for the electronic route, including the prescribed forms and lodgement protocols.
Is breaching a protection order a criminal offence?
Yes. Breaching a protection order is a criminal offence, and the South African Police Service may arrest without a warrant where there is reasonable suspicion of a breach. The order is enforceable against the respondent by the State, not by the applicant alone.
Do I need an attorney to apply for a protection order?
No — the application process is designed to be accessible without legal representation. However, where there are children, contested facts, or parallel criminal proceedings, legal representation is advisable. Burger Huyser Attorneys’ Family Law Department can assist with applications and responses to protection orders across its Gauteng branches.
General Information Disclaimer: This article explains the general legal framework introduced by the Domestic Violence Amendment Act 14 of 2021 and the Domestic Violence Regulations 2022. It is general information, not legal advice for a specific situation. Domestic violence cases involve sensitive, fact-specific circumstances — anyone experiencing abuse, or responding to a protection order, should consult a qualified attorney and, where abuse is ongoing, contact the appropriate emergency services (SAPS 10111, Stop Gender Violence Helpline 0800 150 150) before relying on the general information set out here.
If you need to apply for a protection order or are responding to one and would like legal representation, Burger Huyser Attorneys’ Family Law Department can help. The firm handles domestic violence matters with a confidential, personalised approach across its Gauteng branches — contact the head office in Linden, Randburg on 011 888 0246 (after-hours 061 516 6878) or the nearest branch in Sandton (011 253 3080), Bedfordview (011 201 7190), Centurion (012 644 4990), Pretoria (012 471 5700), or Roodepoort (011 668 0030). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).
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