Protection Order vs Interdict South Africa — Which Do You Need?
A protection order and an interdict both stop someone from doing something harmful to you. But they are issued under different laws, by different courts, and apply to different situations.
Protection Order
A specific statutory order under the Domestic Violence Act (or Protection from Harassment Act) protecting you from abuse or harassment. Breach is a criminal offence.
When it applies: You are in a domestic relationship with the abuser (family member, partner, ex) and have experienced domestic violence, OR you are being stalked/harassed by any person.
Law: Domestic Violence Act 116 of 1998; Protection from Harassment Act 17 of 2011
Example: Partner threatens you — apply for a protection order at the magistrates' court. An interim order can be granted the same day.
Interdict
A civil court order prohibiting someone from doing something (prohibitory interdict) or compelling them to do something (mandatory interdict). Breach is civil contempt.
When it applies: You need to stop someone from doing something harmful where no statutory protection order applies — e.g., stopping a business from using your trademark, stopping a neighbour from encroaching.
Law: Common Law; Superior Courts Act 10 of 2013
Example: A competitor is using your company name. You apply to the High Court for an urgent interdict to stop them immediately.
Key Differences at a Glance
| Aspect | Protection Order | Interdict |
|---|
| Relationship required |
Protection order: domestic relationship (DVA) or any person (Harassment Act) |
No relationship required |
| Court |
Magistrates' court (accessible, free) |
High Court (for most interdicts) or magistrates' court |
| Breach consequence |
Criminal offence — police can arrest immediately using attached warrant |
Civil contempt — must return to court for enforcement |
| Cost |
Free at magistrates' court |
High Court interdicts can be expensive — advocate fees apply |
| Speed |
Interim order possible same day (ex parte) |
Urgent interdict possible same day; standard interdict takes weeks |
Frequently Asked Questions
Can I get a protection order against a work colleague who is harassing me?
Yes — the Protection from Harassment Act applies to anyone, regardless of relationship. A work colleague or stranger can be the respondent.
What if the police ignore my protection order?
Report to IPID (0800 540 079) and the SAPS Station Commander. Police have a statutory duty to enforce protection orders — ignoring them is a dereliction of duty.
Can I get an interdict to stop a neighbour from building on my property?
Yes — a prohibitory interdict can stop a neighbour's construction pending a full hearing. A spoliation order can be obtained if you have already been dispossessed of the land.