Restraining Order | How Does It Work In South Africa?

In South Africa, what people commonly call a “restraining order” is in law a Protection Order under the Domestic Violence Act 116 of 1998, applied for free on the prescribed Form 2 at the Magistrate’s Court in the district where the complainant lives, works, or carries on business, or where the respondent resides. The court issues an Interim Protection Order (ex parte, on the same day if the matter is urgent), sets a return date for the respondent to be heard, and then grants a Final Protection Order if the grounds are made out. Breaching a Protection Order is a criminal offence under section 17 of the Act, carrying a fine or up to two years’ imprisonment; SAPS has a duty under section 3 of the Act to assist any applicant in completing the form and lodging it at court.

What a “Restraining Order” Means in South African Law

South African law does not have an order literally called a “restraining order” in general civil practice — the term in everyday use maps onto the Protection Order under the Domestic Violence Act 116 of 1998. The Protection Order exists to protect a complainant from domestic violence by restraining the respondent from committing further acts and, in some cases, by imposing ancillary orders such as no-contact conditions, eviction from a shared home, or emergency monetary relief.

Section 1 of the Domestic Violence Act defines “domestic violence” broadly. It includes:

• Physical abuse
• Sexual abuse
• Emotional, verbal, and psychological abuse
• Economic abuse
• Intimidation, harassment, and stalking
• Damage to property
• Any other controlling or abusive behaviour

The Act’s definition of a “domestic relationship” is equally wide. A complainant may apply for a Protection Order against a person who is or was married to them, a co-habiting partner or former co-habiting partner, a former intimate partner, a family member, a parent of a child they have in common, or someone engaged to be married to them. The remedy is therefore available across a wide range of family-law and intimate-partner contexts, not only to spouses — and an applicant who is unsure whether their relationship qualifies can still begin the process at a SAPS police station or a Magistrate’s Court, where the form is designed to capture the relevant facts.

The Two Protection Orders, and Why There Are Two

The Act creates two distinct orders. Each has its own statutory test, and understanding the difference matters for anyone considering an application — or opposing one.

Order	Statutory basis	Standard	When it is granted
Interim Protection Order (IPO)	Section 5	Prima facie evidence of domestic violence; interim protection needed	Granted in the absence of the respondent (ex parte) on the papers, often the same day in urgent matters
Final Protection Order (FPO)	Section 6	Domestic violence proved on the balance of probabilities	Granted after the return-date hearing at which both sides have had an opportunity to be heard

The interim order is short-term protection. It exists to keep the complainant safe while the respondent is given notice and a chance to respond. The final order is the operative, long-term protection. The two-step process is a constitutional compromise: it gives the complainant immediate relief without deciding the matter finally without hearing from the respondent.

Alongside either order, the court may also authorise a Warrant of Arrest (Form 5) under section 8 of the Act. The warrant is held by the applicant and allows SAPS to arrest the respondent without further process if the order is breached.

What the Protection Order Can Order the Respondent to Do (or Not Do)

Under section 7 of the Domestic Violence Act, the court may impose any combination of the following conditions:

• Refrain from committing any act of domestic violence
• Refrain from contacting the complainant (or a specified child) — a “no-contact” direction
• Refrain from entering the shared home or a part of it, or from entering an alternative dwelling identified by the court
• Pay emergency monetary relief for a defined period — covering rent, mortgage, school fees, utilities, medical expenses, and essential household supplies
• Refrain from removing a child from the care of the complainant
• Any other condition the court considers just, including referral to a family counsellor or accredited programme

Where the respondent is the sole or majority owner of the shared home and the complainant has no alternative accommodation, the court may also order the respondent to provide alternative accommodation for a defined period. These conditions can be tailored to the facts of the case, and the court has wide discretion to fashion a protective package that fits the complainant’s actual circumstances.

Step-by-Step: How the Process Works

1. Approach SAPS or the Magistrate’s Court directly. Under section 3 of the Act, a SAPS police station must assist any person who requests help with a Protection Order application and hand the applicant the prescribed application form.
2. Complete Form 2 (Application for Protection Order). The application is made in person at the court, with the assistance of a SAPS officer or a clerk of the court if needed.
3. Lodge the form at the Magistrate’s Court having jurisdiction — the district where the complainant lives, works, or carries on business, or where the respondent resides.
4. The application is free of charge — no filing fee is payable.
5. A magistrate or designated presiding officer considers the application on the papers. If the statutory grounds are met, an Interim Protection Order is issued and a return date is set (within 24 hours to a few days, depending on urgency and the court’s calendar).
6. The clerk of the court issues a notice of the return date (Form 3) and SAPS (or a person designated by the court) serves the interim order and the notice on the respondent. The court may also authorise a Warrant of Arrest (Form 5) to be held by the applicant pending the return date.
7. On the return date, the court hears both sides. The respondent may appear in person or through a legal representative. If the complainant’s evidence is unchallenged, or the court finds domestic violence proved on the balance of probabilities, a Final Protection Order is issued.
8. The order is served on the respondent. Ongoing breaches are reported to SAPS and prosecuted under section 17 of the Act.

Applicants in Gauteng should note that the Department of Justice and Constitutional Development also operates an online filing portal at safetyconnect.gov.za, which allows some categories of applicants to begin the process electronically before completing the in-person steps at court.

What the Applicant Must Show at Court

Three elements must be made out, with the standard differing slightly between the interim and final stages:

1. A “domestic relationship” as defined in section 1 of the Act.
2. An act of domestic violence — past or reasonably likely — proved on a balance of probabilities at the final hearing. A lower prima facie threshold applies at the interim stage.
3. The protection sought is reasonably required to prevent further domestic violence.

Supporting evidence may include photographs of injuries, medical reports, text messages, recordings of threats, witness statements, and a prior criminal-protection incident docket. Documentary evidence is not strictly required — the complainant’s own evidence is the central basis — but corroborating material strengthens the application considerably.

What Happens if the Respondent Breaches the Order

Breaching a Protection Order is a criminal offence under section 17 of the Domestic Violence Act. The penalty on conviction is a fine, or imprisonment for a period not exceeding two years, or both. The offence is also treated as one for which a SAPS member may arrest without warrant under the Criminal Procedure Act 51 of 1977.

In practice, the breach is reported to SAPS at the nearest police station. The Warrant of Arrest (Form 5) issued with the order allows for a direct arrest on presentation of the warrant. A breach can also constitute a basis for varying or extending the order, and separate criminal charges (for example, assault, trespassing, or intimidation) may be laid alongside it.

Common Misconceptions Worth Correcting

• A Protection Order is not a criminal charge. It is a civil remedy, although breach of it is criminal.
• It is not only for married couples. Unmarried partners, ex-partners, family members, co-parents, and engaged couples all qualify under section 1’s definition of a domestic relationship.
• The application is free. There is no filing fee at a Magistrate’s Court.
• You do not need a lawyer to apply, but legal representation helps where facts are contested, where parenting or property disputes are running alongside, or where the respondent has counsel.
• The interim order is not “final,” but it is enforceable immediately and breach is criminal.

Restraining Orders in Gauteng: Filing at the Magistrate’s Court, Not the High Court

Frequently Asked Questions

Does South Africa have restraining orders?

South African law does not use the term “restraining order” for the family-law context — the equivalent remedy is a Protection Order under the Domestic Violence Act 116 of 1998, which restrains the respondent from committing further acts of domestic violence and may include no-contact, eviction, and emergency-relief directions.

Where do I apply for a Protection Order?

At the Magistrate’s Court in the district where you (the complainant) live, work, or carry on business, or where the respondent resides. You can also begin the process at a SAPS police station, which is required under section 3 of the Act to assist you with the application form and lodge it at the correct court.

Is there a cost to apply?

No — the application is free. There is no filing fee for an Application for Protection Order (Form 2) at a Magistrate’s Court.

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

An Interim Protection Order can be issued the same day if the matter is urgent and the statutory grounds are met; the final hearing is normally set within one to four weeks thereafter, depending on the court’s calendar and whether the respondent is served timeously. The interim order remains in force until the return date.

What happens if the respondent breaches the Protection Order?

Breach is a criminal offence under section 17 of the Domestic Violence Act, punishable on conviction by a fine or up to two years’ imprisonment. The Warrant of Arrest (Form 5) that the court issues with the order allows SAPS to arrest the respondent without further process on a report of breach.

Can a Protection Order evict the respondent from our shared home?

Yes — under section 7 of the Act, the court may order the respondent to refrain from entering the shared home or a part of it, and (where the respondent is the sole or majority owner and the complainant has no alternative accommodation) the court may also order the respondent to provide the complainant with alternative accommodation for a defined period.

If you are considering applying for — or opposing — a Protection Order in Gauteng, Burger Huyser Attorneys’ Family Law team can help with the application, the supporting affidavits, and representation at the interim and return-date hearings. The firm practises from its head office at 49 First Avenue, Linden, Randburg (011 888 0246) and across its Gauteng branches, and carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”). Reach out through the head office or your nearest branch for an initial conversation about your situation.