What Is The Difference Between an Interdict and a Protection Order?

An interdict and a protection order are both court orders that require someone to stop a particular behaviour, but they originate from different legal sources and apply in different situations. A protection order is a statutory remedy: under the Domestic Violence Act 116 of 1998 it is available only to people in a “domestic relationship” (spouses, partners, family, people who share a home), and under the Protection from Harassment Act 17 of 2011 it is available to anyone who is being harassed, regardless of the relationship. An interdict is a common-law court order — not tied to a specific statute — and is the appropriate remedy when neither statutory protection order applies (for example, defamation, neighbour disputes, or harassment by a stranger). The choice between them is driven by the relationship between the applicant and the respondent, the type of conduct complained of, and which court has the jurisdiction to grant the relief sought.

The Short Answer: Relationship and Statute Drive the Choice

The remedy that fits your situation is determined by three quick questions: who is the respondent, what is the conduct, and what court can grant the order. The flowchart below covers most matters.

• Respondent is a current or former intimate partner, family member, or someone you share or recently shared a home with → Domestic Violence Act protection order (Magistrate’s Court, free, no attorney strictly required).
• Conduct is harassment by anyone (including a stranger, neighbour, colleague, or acquaintance) and you are not in a domestic relationship → Protection from Harassment Act protection order (Magistrate’s Court, free).
• Neither statutory protection order fits, or you need a court order short of “protection” (to stop publication, to restrain interference with property, to compel or forbid a specific act) → common-law interdict, usually the High Court, or a Magistrate’s Court with jurisdiction over the underlying claim.

If the statutory route is the right one, the application is straightforward enough that many applicants handle it without an attorney; for interdict work, the firm’s Litigation (General & Commercial) practice takes instructions on the full range, from defamation and harassment-by-stranger cases to property and neighbour disputes.

Where Each Remedy Comes From

The three remedies sit in different legal sources, which is why they cover different situations.

• Domestic Violence Act 116 of 1998 — the primary statutory route for victims of domestic violence. It defines “domestic relationship,” “domestic violence,” and the orders a magistrate may make.
• Protection from Harassment Act 17 of 2011 — the broader statutory route for any person who is being harassed. It was explicitly modelled to cover situations outside the DVA’s domestic-relationship requirement.
• Common-law interdict — a judge-made remedy developed over time through High Court practice. It is not tied to a single statute and is governed by the rules of the relevant court and the Uniform Rules of Court where filed in the High Court.
• Restraining order — a phrase colloquially used as a catch-all for any of the above. In South African law there is no single “restraining order”; the term usually refers to a protection order or an interdict depending on context.

Who Can Apply

Standing to bring the application differs between the three remedies.

• DVA protection order — any person in a “domestic relationship” with the respondent, including married or divorced spouses, live-in partners, people who share a child, family members, and people who share or recently shared a residence.
• PfHA protection order — any person who is being harassed, regardless of the relationship. A parent, guardian, or other responsible person may also apply on behalf of a child or someone who cannot apply themselves.
• Interdict — any person with a clear legal right that is being infringed or threatened, and who has the standing to bring the application in the relevant court.

Where Each Is Filed

The filing venue is dictated by the statute (for protection orders) and by the rules of the particular court (for interdicts).

• DVA protection order — applications are made at the Magistrate’s Court for the district where the applicant resides, the respondent resides, or where the domestic violence occurred.
• PfHA protection order — also at the Magistrate’s Court, on the same venue basis. The Act is designed to be accessible without an attorney.
• Interdict — usually the High Court (the relevant Division for the area the dispute arises in), although a Magistrate’s Court may grant an interdict as part of a claim it has jurisdiction to hear. Urgent interdicts are typically filed in the motion court of the relevant Division.

What Each Court Has to Be Satisfied Of

The threshold a court applies differs between the three remedies.

• DVA protection order — the magistrate must be satisfied on a balance of probabilities that the respondent has committed or is committing an act of domestic violence. The standard interim (ex parte) protection order can be granted on the same papers without notice to the respondent, and a final order is made after the respondent has been served and given an opportunity to oppose.
• PfHA protection order — the magistrate must be satisfied that the respondent is engaging in harassment (a course of conduct that causes harm or apprehension of harm). The same interim-then-final two-stage structure applies.
• Interdict — the applicant must show a clear right, an actual or reasonably apprehended infringement, no other satisfactory remedy, and that the balance of convenience favours granting the order. Urgent interdicts are supported by a founding affidavit setting out the urgency and the case for the court to depart from the ordinary opposed-application process.

Cost, Process, and Enforcement

How the order is enforced, and by whom, is often what matters most to a person who is dealing with an actual threat.

• DVA protection order — free to apply for at the Magistrate’s Court; no attorney required. The South African Police Service is responsible for serving the interim order on the respondent and may arrest without warrant if the respondent breaches the order. Breach is a criminal offence under the DVA.
• PfHA protection order — also free and also a magistrate’s-court process. The Act creates a parallel arrest-power regime for breach.
• Interdict — a court application with filing fees and (typically) attorney-and-counsel fees. Service is by the sheriff of the relevant court. Breach is dealt with as contempt of court, which can attract a fine, committal, or both.

Comparison Table: Interdict vs Protection Order

Dimension	DVA Protection Order	PfHA Protection Order	Common-law Interdict
Legal source	Domestic Violence Act 116 of 1998	Protection from Harassment Act 17 of 2011	Common law / Uniform Rules of Court
Who can apply	Person in a “domestic relationship” with the respondent	Any person being harassed (regardless of relationship)	Any person with a clear right that is infringed or threatened
Court	Magistrate’s Court	Magistrate’s Court	Usually the High Court (motion court)
Cost	Free	Free	Court fees plus attorney/counsel fees
Standard	Balance of probabilities that domestic violence occurred	Balance of probabilities that harassment occurred	Clear right + infringement + no adequate alternative remedy + balance of convenience
Service	South African Police Service	South African Police Service	Sheriff of the relevant court
Breach	Criminal offence under the DVA	Criminal offence under the PfHA	Contempt of court (civil sanction)
Typical use	Domestic violence (current or former partner, family, household member)	Stalking, repeated harassment, cyberbullying, neighbours, acquaintances	Defamation, property disputes, intellectual property, restraint of trade, neighbour nuisance

Practical Scenarios and Which Remedy Fits

The scenarios below map the most common fact patterns to the right remedy.

• Current or former spouse who is violent or threatening → DVA protection order.
• Stalker who is a stranger, neighbour, or colleague with no domestic tie → PfHA protection order.
• Online harassment campaign by a non-household member → PfHA protection order (and, in serious cases, criminal charges under the Cybercrimes Act 19 of 2020).
• Neighbour engaging in serious nuisance over time → PfHA protection order or interdict, depending on the nature of the conduct and the relief sought.
• Someone publishing defamatory material about you → interdict (typically interim, to stop further publication pending a defamation action).
• Someone interfering with your property or your right of way → interdict.
• A former business partner allegedly breaching a restraint of trade → interdict (often urgent and on the same papers).

What Happens If You Get It Wrong

Filing the wrong application can mean a wasted trip to court, an order that is not enforceable in the way you expect, or a courtesy warning that the wrong statutory regime does not really fit your facts. A useful first step is to confirm the relationship between you and the respondent — this single question usually points to the right statute. If the situation is genuinely unclear, a short consultation with an attorney is usually cheaper than filing the wrong application.

Burger Huyser Attorneys’ Family Law practice — under Director Anna-Mi Nel — takes instructions on protection-order work for clients in a domestic relationship, while the firm’s general litigation practice handles interdict matters for non-domestic disputes, defamation, and property-related reliefs. A first call to the head office on 011 888 0246 routes the matter to the correct department.

Setting Aside or Varying an Order

All three remedies can be revisited by the court that granted them.

• Both DVA and PfHA protection orders can be varied or set aside on application to the same Magistrate’s Court, typically by the respondent. The gov.za domestic-violence services portal provides a public-facing summary of the process.
• Interdicts can be varied or discharged on application to the court that granted them, usually on paper or in motion court.
• A protection order is not a criminal conviction; it is a civil remedy designed to prevent further harm, but breach of it is a criminal offence.

Frequently Asked Questions

Are an interdict and a protection order the same thing?

No — they are different legal remedies. A protection order is a statutory court order granted under either the Domestic Violence Act 116 of 1998 or the Protection from Harassment Act 17 of 2011, and is free to apply for at a Magistrate’s Court. An interdict is a common-law court order, usually granted by the High Court, and is used where no statutory protection order applies.

Can I get a protection order against someone I am not married to or related to?

Yes — the Domestic Violence Act covers a wider set of “domestic relationships” than marriage, including current or former life partners, people who share a child, and people who share or recently shared a residence. If the person is not in any of those categories, the Protection from Harassment Act 17 of 2011 allows anyone who is being harassed to apply for a protection order, regardless of the relationship.

Do I need a lawyer to get a protection order?

No — protection order applications under the DVA and the PfHA are designed to be made without an attorney at the Magistrate’s Court. They are free, and the clerk of the court will assist with the form. Many applicants do, however, instruct an attorney for complex matters or for interdicts filed in the High Court.

What happens if the respondent breaches a protection order?

Breach of a protection order is a criminal offence under the relevant Act. The South African Police Service is responsible for serving the order and may arrest the respondent without a warrant for breach. Breach of an interdict is dealt with as contempt of court, which can attract a fine, committal, or both.

How long does it take to get an interdict?

An urgent interdict can sometimes be obtained on the same day it is filed, supported by a founding affidavit that sets out the urgency and the case for relief without notice. Non-urgent interdicts follow the ordinary opposed-application timetable, which typically takes several weeks. Protection orders can be granted as interim orders on the same day the application is lodged, then confirmed after the respondent has been served and given an opportunity to oppose.

Can a protection order be set aside?

Yes — both DVA and PfHA protection orders can be varied or set aside on application to the same Magistrate’s Court. The process is set out in the domestic-violence services portal on gov.za. Interdicts can be varied or discharged on application to the court that granted them.

Does a protection order appear on the respondent’s criminal record?

The protection order itself is a civil remedy, but breach of it is a criminal offence, and a conviction for breach will appear on the respondent’s criminal record. The order itself does not appear on a criminal record.

If you are facing domestic violence, ongoing harassment, or a threatened infringement of your rights and need help deciding which remedy fits, contact Burger Huyser Attorneys on 011 888 0246 (Linden/Randburg head office) or visit the nearest branch — the firm handles protection-order work through its Family Law practice and interdict work through its Litigation (General & Commercial) practice, with branches across Gauteng. For domestic-violence and Protection from Harassment Act matters, the Magistrate’s Court is the correct venue; the firm can advise on the application and, where appropriate, prepare the papers if the matter is more complex than the standard clerk-assisted route. For interdicts — typically filed in the High Court — the firm’s general litigation practice takes instructions on the full range, from defamation and harassment-by-stranger cases to property and neighbour disputes. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).