LLexiSA

Family Law

Domestic Violence Protection Orders

The Domestic Violence Act 116 of 1998 (as amended in 2021) provides fast protection against physical, sexual, emotional, economic abuse, stalking and harassment in domestic relationships. Any complainant can apply at the nearest magistrates' court for a protection order — after hours applications are possible for urgent cases.

Key facts

  • Applications are free and courts must assist unrepresented applicants.
  • An interim protection order can be granted the same day, without the abuser present.
  • Breach of a protection order is a criminal offence — the abuser can be arrested on the warrant issued with the order.
  • The 2021 amendments added online applications and expanded definitions (including coercive and controlling behaviour).

The law that applies

  • Domestic Violence Act 116 of 1998 — ss 4–8, 17
  • Domestic Violence Amendment Act 14 of 2021 — definitions; online applications

Leading cases

S v Baloyi 2000 (2) SA 425 (CC)

The State has a constitutional duty to protect people from domestic violence.

Practical steps

  1. Go to the nearest magistrates' court (or apply online) and complete the application affidavit.
  2. The court may grant an interim order and set a return date.
  3. Have the order served on the respondent by the police or sheriff.
  4. Report any breach to SAPS immediately — arrest can follow on the suspended warrant.

Frequently asked questions

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

Yes. The Act covers spouses, partners, ex-partners, family members, people who share a residence, and people in actual or perceived romantic relationships.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about family law

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.