Direct Answer
You can apply for a protection order at any magistrate's court in South Africa, free of charge, any day of the week. You do not need a lawyer. If you are in immediate danger, the magistrate can issue an Interim Protection Order the same day.
What the Law Says
Your Legal Foundation
Domestic Violence Act 116 of 1998
Section 2
“Any complainant has the right to apply to a court for a protection order.”
Domestic Violence Act 116 of 1998
Section 5
“A court may issue an interim protection order without notice to the respondent if it is satisfied that there is prima facie evidence that the respondent has committed or is committing an act of domestic violence.”
Constitution of South Africa
Section 12
“Everyone has the right to freedom and security of the person, which includes the right to be free from all forms of violence from either public or private sources.”
Common Questions
Frequently Asked Questions
What does domestic violence include in South African law?
The Domestic Violence Act defines it broadly: physical, sexual, emotional, verbal, psychological, and economic abuse; intimidation; harassment; stalking; entry into the complainant's residence without consent; and any other controlling or abusive behaviour. You do not need to have been physically hit to qualify.
Who can apply for a protection order?
Anyone in a "domestic relationship" — including spouses, partners (married or not, same-sex or opposite-sex), parents, children, people who share or have shared a residence, and people who have or had a romantic relationship.
What happens if the abuser breaches the protection order?
Breach of a protection order is a criminal offence under Section 17 of the DVA, punishable by a fine or imprisonment of up to five years. Call the police immediately if the order is breached — the police are legally required to arrest the person if there are reasonable grounds to believe they have breached the order.
Can I get a protection order if I still live with the abuser?
Yes. The protection order can specify that the respondent must leave the shared home or stay away from certain rooms. You do not need to have left the home to apply.
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