Protection Order in South Africa: Who Can Apply, the Form, Where to Go and What Happens in Court
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| Service | Number | When |
|---|---|---|
| Police emergency | 10111 | 24 hours |
| Gender-Based Violence Command Centre (Department of Social Development) | 0800 428 428 (free) | 24 hours |
The Command Centre is run by the Department of Social Development. Trained social workers answer the calls, give counselling and link you to other government services.
What a Protection Order Is
A protection order comes from the Domestic Violence Act 116 of 1998, which was changed in big ways by the Domestic Violence Amendment Act 14 of 2021. Most of the changes came into force on 14 April 2023.
The order is a civil order, not a criminal case. You do not have to lay a criminal charge to get one. You can do both: when you apply, the clerk of the court must tell you about your right to also lay a criminal charge if a crime was committed.
When the court grants the order, it also issues a warrant of arrest for the abuser. The warrant is suspended, which means it is only used if the abuser breaks the order.
Who Can Apply
You can apply if two things are true.
- You are, or were, in a domestic relationship with the person (the law calls them the respondent).
- That person has abused you, or a child in your care.
What counts as a domestic relationship
The Act covers a person who:
- is or was married to you, under any law, custom or religion
- lives or lived with you as if you were married, even if you could not marry
- is the other parent of your child, or shares parental responsibility for a child with you
- is family by blood, marriage or adoption
- is or was engaged to you, or dated you, or was in a customary, romantic, intimate or sexual relationship with you, for any length of time
- shares or shared a home with you in a close relationship
What counts as domestic violence
Abuse is not only hitting. The Act lists physical, sexual, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment, sexual harassment, spiritual abuse, elder abuse, damage to property, coercive and controlling behaviour, and exposing a child to domestic violence. It also covers entering your home or workplace without your permission when you do not live together. The behaviour must harm you or make it reasonable to believe that it may harm you.
Applying for someone else
- A child can apply alone, without a parent’s or guardian’s consent. Someone else can also apply for the child.
- Another person who cares about your well-being, such as a social worker, counsellor, health worker, teacher or police officer, can apply for you. They need your written consent on Form 7 (J965), unless you are a child or the court finds you cannot give consent.
If the person is not family or a partner
If you are being harassed by a neighbour, a co-worker, a friend or a stranger, the Domestic Violence Act does not apply. You apply for a different protection order under the Protection from Harassment Act 17 of 2011, also at the magistrate’s court. The Department of Justice has separate forms for it.
How to Apply for a Protection Order: Step by Step
- Go to the magistrate’s court in the area where you live or work. Ask for the clerk of the court or the domestic violence office. The Department of Justice says that in emergencies the service is available 24 hours a day.
- Ask for Form 6, the Application for Protection Order (J480). You can also download it from the forms page on justice.gov.za. The clerk must help you if you do not have a lawyer, and you do not need one.
- Write down what happened, as clearly as you can: dates, places, what was said or done, any threats, and who saw it. Say what you want the order to stop. Name the police station where you will report it if the order is broken.
- Add statements (affidavits) from other people who know what happened, and anything else that backs you up, such as medical records or messages.
- Your statement is made under oath. The clerk of the court certifies it, and you hand it in. The law also allows an application to be sent electronically to the court’s official email address, but not every court is set up for this, so phone your court first.
- The magistrate looks at your application as soon as reasonably possible, on the same day in urgent cases.
What to take with you
- Your ID, or any other ID you have
- The name and address of the person abusing you, and where they work if you know it
- Notes with dates of the abuse
- Proof, if you have it: photos, messages, voice notes, medical records or a police case number
- Written consent on Form 7 if you are applying for another adult
What Happens After You Apply
The interim protection order
If the magistrate is satisfied that there is evidence of domestic violence and that you need protection now, the court must grant an interim protection order, even without first hearing the abuser.
The interim order only works once it has been served on the abuser. The clerk, the sheriff or a police officer hands the abuser copies of your application and the order. The order then stays in force until a court sets it aside.
The return date
The interim order gives a return date, which must be at least 10 days after the abuser was served. On that day, the abuser can come to court to explain why the order should not be made final.
If the magistrate does not grant an interim order, the court still sends the abuser a notice to come to court on a return date. You are told about this, and your application is heard on that day.
The final protection order
| What happens on the return date | Result |
|---|---|
| The abuser does not come, and was properly served | The court must make the order final if there is evidence of abuse |
| The abuser comes and argues | The court hears both sides and grants the final order if it finds, on a balance of probabilities, that the abuse happened |
| You do not come | The court extends the interim order and sets a new date. If you miss that date too, the court may cancel the interim order |
Go to court on every date you are given. Missing a date can cost you your protection.
The final order is served on the abuser within 48 hours or as soon as possible. You get a certified copy of the order and the original warrant of arrest. A copy also goes to the police station you chose.
What the Order Can Stop
Under section 7 of the Act, the court can order the abuser not to:
- abuse you, or try to, or get someone else to do it
- enter the home you share, or part of it, if that is in your best interests
- come into your home, your workplace or your place of study
- share or make available electronic communications that the order names, such as messages, photos or videos
- do anything else the order names
The court can also:
- order the police to take away the abuser’s firearms and other dangerous weapons
- order a police officer to go with you to collect your belongings
- order the abuser to keep paying the rent or bond if they must stay out of the shared home
- order emergency money for you, based on what both of you need and earn
- refuse or limit the abuser’s contact with a child if that is best for the child
If you live with the abuser, you can also ask the court for a domestic violence safety monitoring notice on Form 9 (J966).
If the Abuser Breaks the Order
- Go to any police station with your copy of the order and the warrant of arrest.
- Make a statement under oath that the order was broken. The form for this is Form 35, the affidavit regarding contravention of a protection order (J608).
- If the police officer has reasonable grounds to believe you are in danger, the officer must arrest the abuser straight away. If not, the officer must give the abuser a written notice to appear in court for breaking the order.
- The officer must also tell you that you can lay a criminal charge and how to do it.
Breaking a protection order is a crime. Under section 17 of the Act, the abuser can get a fine or up to five years in prison for a first conviction, and up to 10 years for a second or later one. If your warrant of arrest was used, lost or destroyed, you can ask the clerk for a new one on Form 34 (J591).
Main Protection Order Forms
| Form | What it is for |
|---|---|
| Form 6 (J480) | Application for a protection order |
| Form 7 (J965) | Your consent for another person to apply for you |
| Form 9 (J966) | Application for a domestic violence safety monitoring notice |
| Form 34 (J591) | Affidavit for a second or further warrant of arrest |
| Form 35 (J608) | Affidavit that the protection order was broken |
| Form 38 (J649) | Application to change or set aside a protection order |
All of these are on the Department of Justice forms page for the Domestic Violence Act, as plain PDFs that follow the Domestic Violence Regulations published on 14 April 2023. Older guides that call the application “Form 2” use the old numbers: under the current regulations, Form 2 is a report by a functionary, not the application.
Free Help With Your Application
Applying is free, and you do not need a lawyer. If you want legal advice or help in court, Legal Aid South Africa gives free help to people who qualify. If you also need money for your children from the other parent, that is a separate case at the maintenance court, although a protection order can include emergency money.
Protection Order Questions
How do I apply for a protection order?
Go to the clerk of the court at your magistrate’s court and fill in Form 6, the Application for Protection Order (J480). Describe the abuse, sign it under oath and hand it in. The clerk must help you, and it is free.
How long does a protection order take?
An urgent interim order can be granted the same day you apply. It works once the abuser has been served. The return date for the final order must be at least 10 days after the abuser was served, and it can take longer, depending on the court.
Does a protection order expire?
No. A final protection order stays in force until a court sets it aside. If the abuser appeals, the order keeps working while the appeal runs.
How do I remove a protection order?
An application to change or set aside a protection order is made to the court on Form 38 (J649). The court decides. The order stays in force until then.
Can I get a protection order against a neighbour or a co-worker?
Not under the Domestic Violence Act, because there is no domestic relationship. You can apply for a protection order under the Protection from Harassment Act at the magistrate’s court instead.
Is a protection order the same as a restraining order?
People often use the words the same way. In South Africa, the order you get at the magistrate’s court for abuse by a partner or family member is called a protection order under the Domestic Violence Act.
More: free legal help from Legal Aid, the maintenance court guide and the status check centre for other government services.