Domestic violence is not limited to physical assault. It includes emotional and economic abuse, harassment, stalking, coercive control and damage to property. The Domestic Violence Act 116 of 1998 gives victims a quick and inexpensive way to obtain a court order that prohibits the abuser from continuing the abuse.
The Act was significantly strengthened by the Domestic Violence Amendment Act 14 of 2021, which came into operation in April 2023. This article explains how protection orders work, including the key changes.
Who is protected?
The Act protects anyone in a domestic relationship with the abuser. This includes people who:
- are or were married, including customary and religious marriages;
- live or lived together, or shared a residence;
- are parents of a child together, or share parental responsibility;
- are family members related by blood, marriage or adoption;
- are or were in an engagement, dating, customary or romantic relationship, including a short-term or same-sex relationship; or
- are in a close relationship that shares characteristics of these relationships.
Where there is no domestic relationship, for example harassment by a neighbour, colleague or stranger, a protection order may be sought under the Protection from Harassment Act 17 of 2011 instead.
What counts as domestic violence?
The Act defines domestic violence broadly. Since the 2021 amendments, it includes:
- physical abuse and sexual abuse;
- emotional, verbal and psychological abuse;
- economic abuse, such as unreasonably withholding money needed for household necessities or disposing of shared property;
- intimidation, harassment and stalking, including through electronic communications and social media;
- damage to property;
- coercive and controlling behaviour, such as isolating a person from family and friends or regulating their everyday activities;
- spiritual abuse;
- elder abuse;
- sexual harassment;
- exposing a child to domestic violence; and
- entry into the complainant’s home without consent where the parties do not live together.
How to apply
An application is made to the magistrates’ court where the applicant lives or works, or where the abuse took place. Key features:
- No lawyer is required, although legal assistance helps in complex or contested matters.
- The application can be brought by the complainant, or on their behalf by another person with an interest in their wellbeing, such as a social worker, teacher or family member, with the complainant’s consent (unless the complainant is a child or unable to consent).
- Since the 2021 amendments, applications may be submitted electronically, and courts must be able to receive applications outside ordinary court hours.
- The application is supported by an affidavit setting out the abuse, and any supporting evidence such as photographs, medical records, messages or witness statements.
Interim and final orders
If the court is satisfied that there is prima facie evidence of domestic violence, and that undue hardship may be suffered if an order is not made immediately, it must grant an interim protection order, often on the same day and without notice to the respondent.
The interim order is served on the respondent, together with a return date. On that date, the court hears both sides and decides whether to grant a final protection order.
A protection order can, among other things:
- prohibit the respondent from committing further acts of domestic violence;
- prohibit the respondent from contacting the complainant, or from entering the shared home or the complainant’s workplace;
- order the respondent to pay rent, mortgage payments or emergency maintenance;
- order the seizure of firearms or dangerous weapons;
- order a police officer to accompany the complainant to collect personal belongings; and
- impose conditions on the respondent’s contact with children, where it is in the child’s best interests.
A suspended warrant of arrest is issued with every protection order.
If the order is breached
Breaching a protection order is a criminal offence. The complainant can hand the suspended warrant of arrest, with an affidavit describing the breach, to the police, who must arrest the respondent if there are reasonable grounds to suspect a breach. A person convicted of breaching a protection order may be fined or imprisoned for up to five years.
The duty to report
The 2021 amendments introduced a duty to report domestic violence. An adult who knows, or reasonably believes or suspects, that domestic violence has been committed against a child, a person with a disability or an older person must report it to a social worker or the police. Failure to report is an offence. Reports made in good faith are protected.
Protection orders in divorce and parenting disputes
Protection orders often arise during divorces and disputes about children. Courts are alert both to genuine abuse and to the risk of applications being used tactically, for example to obtain the family home or exclude a parent from the children. A false statement in an application is an offence.
Where there is a pending divorce, the protection order process can be combined with other remedies, such as a Rule 43 application for interim maintenance and care arrangements, or an urgent interdict in the High Court.
If an application is brought against you
If you are served with an interim protection order:
- comply with it, even if you believe it is unjustified;
- do not contact the complainant, directly or through others, unless the order permits it;
- gather evidence and prepare an answering affidavit for the return date; and
- obtain legal advice, especially if the order affects your home, your children or your firearm licence.
How O’Reilly Law can help
We assist complainants in applying for protection orders, and represent respondents who need to oppose orders on the return date. We also advise on the interaction between protection orders, divorce proceedings and arrangements for children. Contact us for confidential advice.
If you are in immediate danger, contact the police on 10111 or the GBV Command Centre on 0800 428 428.
Related reading: Care and contact under the Children’s Act · Getting divorced in South Africa
This article is general information and not legal advice. Correct as at October 2026.