Civil Procedure
Protection Order
A protection order is a court order that prohibits an abuser from committing domestic violence against you. Breach of a protection order is a criminal offence.
Legal Definition
An order issued under the Domestic Violence Act 116 of 1998 that protects a complainant from domestic violence. Police must serve and enforce it. Breach is a criminal offence punishable by fine or imprisonment.
📖 Constitutional / Statutory Basis: Section 12 (freedom and security of person) and Section 28 (children's rights), Constitution of the Republic of South Africa, 1996; Domestic Violence Act 116 of 1998
Practical Example
Your partner threatens you with violence. You go to the nearest magistrates' court, complete an affidavit, and an interim protection order is issued the same day. A warrant of arrest is attached for immediate use if breached.
Frequently Asked Questions
How do I apply for a protection order?
Go to any magistrates' court. The clerk will help you complete an affidavit. An interim order can be granted without the abuser being present.
Does a protection order cost money?
No. Applications are free. Legal Aid SA can assist if you need a lawyer.
What if the abuser violates the protection order?
You can arrest the abuser immediately using the warrant attached to the order, or call police. Breach is a criminal offence.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.