Defining Domestic Abuse In South Africa | What You Need to Know

Domestic abuse in South Africa is defined by section 1 of the Domestic Violence Act 116 of 1998 (“the DVA”) as physical, sexual, verbal and emotional, economic, or other controlling behaviour that causes harm or inspires the fear of harm, when committed by a respondent in a “domestic relationship” with the complainant. The civil-law remedy is a Protection Order applied for at the local Magistrate’s Court; the criminal-law remedy runs in parallel through a SAPS case where the conduct is also an offence.

The Controlling Statute: The Domestic Violence Act 116 of 1998

The Domestic Violence Act 116 of 1998 is the principal civil-law statute addressing domestic abuse in South Africa. It gives complainants a Protection Order remedy that operates independently of any criminal prosecution — the two pathways are not mutually exclusive and are commonly pursued together. The DVA was amended by the Domestic Violence Amendment Act 14 of 2021, which widened the recognised forms of abuse and tightened the obligations on the police and courts.

The Statutory Definition of “Domestic Abuse”

Section 1 of the DVA lists the recognised forms of abuse. The 2021 amendment added categories that older copies of the Act do not name.

Form of abuse	What it covers
Physical abuse	Assault or attempted assault, including assault on a child in the household.
Sexual abuse	Conduct that abuses, exploits, or degrades the complainant sexually, including marital rape (Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007).
Verbal and emotional abuse	Degrading conduct, threats, persistent belittling or humiliation.
Economic abuse	Withholding financial resources, controlling money, or sabotaging the complainant’s employment or income.
Intimidation	Threats of harm to the complainant or to a child, family member, or dependent.
Harassment	Repeated unwanted contact, watching or loitering outside the home or workplace.
Stalking	Following, watching, or contacting the complainant without consent.
Damage to property	Damaging or threatening to damage property the complainant has an interest in.
Entry into the complainant’s home without consent	Where the complainant and respondent do not share the home.
Coercive, controlling, and related-person behaviour (added 2021)	Compelling the complainant to act against their will; making them dependent or subservient; or threatening harm to someone related to the complainant.
Other categories added in 2021	Exposing a child in the household to abuse; conduct covered by the Older Persons Act 13 of 2006 (elder abuse); unwelcome sexual attention; manipulation of religious or spiritual beliefs.

“Harm” in the DVA includes mental, psychological, and financial harm — not only bodily injury. That is why verbal, emotional, and economic-abuse cases qualify even without visible physical injury.

Who Qualifies as a “Complainant” — the Domestic Relationship Test

The DVA applies wherever the complainant and respondent are or were connected in a defined domestic relationship — spouses and former spouses (including customary and same-sex marriages), live-in partners, people in a dating or engagement relationship, parents of a shared child, family members related by blood or marriage, and people who share or recently shared the same residence. The relationship — not the marital status — is the test.

The Protection Order Remedy — The Civil Pathway

A Protection Order is applied for at the Magistrate’s Court in the district where the complainant lives, works, or carries on business — not where the abuse took place and not in the High Court. The application is made on Form 4 (Application for Protection Order) and is filed without prior notice to the respondent (ex parte at first instance).

Stage	What happens
Day of filing	Court may issue an interim Protection Order that takes effect immediately and is served on the respondent by the sheriff or police.
Service	The sheriff, police, or Clerk of the Court formally serves the interim order on the respondent.
Return-date hearing	Matter is set down — typically within a few weeks — for the respondent to appear and contest. The interim order remains in force until then.
Final order	Court may confirm, vary, or discharge the interim order. A final Protection Order can prohibit contact, exclude the respondent from the home or workplace, and trigger firearms-licence suspension.
Breach	Breaching a Protection Order is a criminal offence under section 17 of the DVA, carrying a fine or imprisonment.

Once a Protection Order is granted, the DVA requires the police to enquire into the respondent’s firearms licence. Where the respondent holds a licence, the Registrar of Firearms is notified and the licence is suspended pending the enquiry — no separate application is needed.

The Criminal Pathway — Parallel, Not Alternative

Where the conduct is also a criminal offence (assault, crimen injuria, a sexual offence, malicious damage to property, intimidation), the complainant may open a criminal case at any police station. The DVA obliges the police to assist and to open a docket. A Protection Order can be granted even where the criminal case has not been finalised, and a criminal prosecution can proceed even if the Protection Order application is withdrawn. Anyone whose situation touches a divorce, maintenance, or custody matter should take advice on how the proceedings interrelate before filing.

What Counts as Evidence — Building the File

The file’s strength determines whether an interim order is granted on the day of filing and whether the final order is confirmed at the return date.

• Photographs of injuries or property damage, dated where possible.
• Medical reports and clinical notes, including a J88 medico-legal report for documented injuries.
• Witness statements from neighbours, family, or colleagues.
• Messages and emails evidencing threats, harassment, or economic control.
• Bank statements evidencing economic abuse.
• A contemporaneous “complaint diary” — particularly important in verbal or emotional-abuse cases that lack physical injury.
• Police case numbers (CAS numbers) for any prior or parallel criminal reports.

Immediate Safety Steps

Where the situation is urgent, the following contacts are the public points of first contact, confirmed by government and Legal Aid SA:

If you need…	Contact
Police emergency	SAPS 10111 or Crime Stop 08600 10111; for an ongoing emergency, dial 112 from a mobile.
To open a case	Nearest police station. The DVA obliges the police to take the complaint and to open a docket.
A Protection Order	Nearest Magistrate’s Court during court hours.
Trauma counselling, shelter referral, safety planning	DSD Victim Empowerment Programme, via the Gender-Based Violence Command Centre (gbv.org.za).
Free legal representation (means-tested)	Legal Aid SA: 0800 110 110 (Mon–Fri, 7am–7pm) or Please Call Me 079 835 7179.
Documented injuries	A hospital or doctor visit. Clinical findings are recorded on a J88 medico-legal report, admissible in both the Protection Order application and the parallel criminal case.

What an Attorney Does — and Where Burger Huyser Fits

An attorney manages the safety-and-evidence picture around the application: pre-application safety review, drafting the Form 4 application and supporting affidavit, attending court on the day of filing, preparing for the return-date hearing, and coordinating with the criminal-case prosecutor. Protection-order work is part of Burger Huyser Attorneys’ Family Law practice. The team handles matters across Gauteng from the Linden/Randburg head office and branches in Sandton, Roodepoort, Bedfordview, Alberton, Centurion, Pretoria (Menlyn), and Midrand, with short-notice consultations and after-hours contact where the matter is urgent.

If you need to apply for a Protection Order, or want a Family Law attorney to advise on how it fits alongside a divorce, maintenance, or custody matter, contact Burger Huyser Attorneys on the branch number above. In an emergency, call SAPS on 10111 first.

Frequently Asked Questions

What does “domestic abuse” legally mean in South Africa?

Under section 1 of the Domestic Violence Act 116 of 1998, “domestic abuse” covers physical, sexual, verbal and emotional, economic, intimidation, harassment, stalking, and property-damage abuse, plus any other controlling behaviour causing harm or fear of harm, when committed by a person in a domestic relationship with the complainant. The relationship does not have to be a marriage.

Does the Domestic Violence Act protect me if I am not married to the abuser?

Yes. The DVA’s “domestic relationship” covers dating, engagement, co-habiting, same-sex, and co-parenting relationships, as well as marriages. You can apply for a Protection Order against a current or former partner regardless of marital status.

Do I have to open a criminal case, or can I just get a Protection Order?

You can apply for a Protection Order on its own — it is a civil remedy and does not require a criminal case. If the conduct is also a criminal offence, you can open a criminal case at a police station in parallel. The two pathways are independent.

How long does it take to get a Protection Order?

An interim Protection Order can be issued on the day of filing and takes effect immediately on service on the respondent. The matter is then set down for a return-date hearing, typically within a few weeks, at which the court considers whether to grant a final order. The interim order remains in force until then unless discharged.

What happens if the respondent breaches a Protection Order?

Breaching a Protection Order is a criminal offence under section 17 of the DVA. The breach can be reported to SAPS, who can arrest the respondent without a warrant. Conviction carries a fine or imprisonment.

Will the abuser’s gun licence be suspended automatically?

Once a Protection Order is granted, the DVA requires the police to enquire into the respondent’s firearms licence. Where the respondent holds one, the Registrar of Firearms is notified and the licence is suspended pending the enquiry. No separate application is needed.