Preventing someone from leaving is domestic violence and a constitutional rights violation. You can get a free protection order today. The GBV Helpline is 0800 428 428, available 24 hours.
FreeSouth African Law
If you are in immediate danger, call 10111 (police) or 0800 428 428 (GBV Helpline, 24 hours, free).
Your safety is the priority. Legal steps can follow — but get to safety first.
Direct Answer
Preventing you from leaving your home or a relationship is a form of domestic violence under the Domestic Violence Act and a violation of your Section 12 constitutional right to freedom and security of person. You can apply for a free protection order at any magistrate's court today.
What the Law Says
Your Legal Foundation
Domestic Violence Act 116 of 1998
Section 1
“"Domestic violence" includes controlling or abusive behaviour towards a complainant, and any other controlling or abusive behaviour which harms or may harm the safety, health, or wellbeing of the complainant.”
Constitution of South Africa
Section 12(1)
“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; not to be tortured in any way; not to be treated or punished in a cruel, inhuman or degrading way.”
Immediate Steps
What to Do Right Now
1If you are in immediate danger, call 10111 immediately. The police are required by law to assist domestic violence victims.
2Contact the GBV Command Centre: 0800 428 428. They operate 24 hours a day, 7 days a week. They can arrange a safe shelter, police escort, and legal assistance.
3When safe, go to your nearest magistrate's court and apply for a protection order. The court can issue an Interim Protection Order the same day. You do not need a lawyer or a fee.
4The protection order can require your husband to leave the shared home, stay away from you, and stop the controlling behaviour. Breach of the order is a criminal offence.
5You are entitled to take your children with you when you leave. If there is a dispute about custody, a magistrate can make an interim care order at the same time as the protection order.
What to Say
Exact Words to Use
“"I have the constitutional right to freedom and security of my person under Section 12 of the Constitution. Preventing me from leaving is domestic violence under the DVA. I am applying for a protection order today."”
Tone: Say to your husband if safe to do so — otherwise say to police or court clerk
Common Questions
Frequently Asked Questions
Can I take my children when I leave?
As the primary caregiver, you generally have the right to take your children with you when leaving a dangerous situation. If your husband disputes this, apply to the magistrate for an urgent interim care order at the same time as your protection order application. The court can grant emergency custody to you while the matter is investigated.
What if he controls all the money?
Economic abuse — including financial control that prevents you from being able to leave — is specifically included in the Domestic Violence Act's definition of domestic violence. The GBV Command Centre (0800 428 428) can connect you with financial assistance and shelter while you are establishing independence.
The Advocate helps you practise the exact words to use in 149 real South African scenarios — grounded in constitutional law and Scripture. Free to start.