Protection Orders: How Can You Get Protection?
Updated: 4 days ago
Learn about protection orders for domestic violence and harassment, how to apply and where to seek help.
Someone you know repeatedly threatens you. A former partner will not stop contacting you. Or a person is following you, sending unwanted messages or making you fear for your safety. What protection can you ask for?
A protection order is an order made by a court that can prohibit someone from engaging in specified conduct. In South Africa, two laws provide important routes to protection: the Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011. The appropriate route depends on your relationship with the person, what has happened and the protection you need.
If you are in immediate danger, contact the police on 10111. You do not need to wait for a protection-order application to be decided before seeking emergency assistance.
What is the difference between the two types of protection orders?
Domestic violence protection orders
A domestic violence protection order is intended to protect someone experiencing domestic violence in a domestic relationship. This can include a current or former spouse or partner, a person you have dated, certain family members or someone with whom you share or have shared a home in a close relationship. You do not have to be married to apply.
Domestic violence is not limited to physical assault. Depending on the circumstances, it can include threats, stalking, emotional or economic abuse, coercive or controlling behaviour, and other conduct covered by the Act. You do not need to wait for a pattern of repeated abuse before seeking protection.
Harassment protection orders
A harassment protection order may be appropriate where someone is harassing you, including where you do not have a domestic relationship with them. Harassment can include conduct such as following or watching someone, repeated unwanted contact or harmful electronic communications, depending on the circumstances and the Act’s requirements.
For example, the person may be a neighbour, acquaintance or someone contacting you online. The Protection from Harassment Act can also be relevant where a domestic relationship exists; the two laws are not mutually exclusive.
How do you apply for a protection order?
You do not need to hire a lawyer to make an application. The clerk of the court can provide the appropriate forms and information about the process. The steps below are a general guide; the forms and legal requirements differ between domestic violence and harassment applications.
Approach the appropriate Magistrate’s Court. Ask for the clerk who assists with domestic violence or harassment protection orders. You can generally approach a court connected to where you live or work; other grounds of jurisdiction may also apply. If you have temporarily moved because of domestic violence, tell the clerk where you are staying.
Complete the correct application. Explain what happened, who was involved and what protection you need. Include dates and details as accurately as you can. The current domestic violence application is Form 6 (J480); the harassment application is Form 2 (J059). Both are available through the Department of Justice’s official forms pages linked below.
Provide relevant information and evidence. If you have threatening messages, photographs, medical records, witness details or a record of incidents, ask the clerk how to include them. Explain if you do not know the person’s full identity. The Protection from Harassment Act provides procedures that may assist a court in identifying a person responsible for certain anonymous harassment.
Explain if you need urgent protection. A court may grant an interim protection order before the other person has an opportunity to respond, where the relevant legal requirements are met. An interim order must be served on that person before it takes effect. Applying does not mean an order has already been granted or is already enforceable.
Follow the court’s instructions about the next hearing. If an interim order is granted, the court will set a date when the other person may respond and the court can consider whether to make a final order. Keep the documents you receive and ask the clerk if you are unsure about the date or what is required of you.
Can someone apply on your behalf? Both laws make provision for applications on behalf of another person in specified circumstances, including applications involving children. Different consent requirements apply, so ask the clerk about the correct procedure.
What can a protection order require?
The court decides which conditions are appropriate under the relevant Act. An order may, for example, prohibit threats, harassment, unwanted contact or approaching specified places. A domestic violence order may also address certain conduct involving a shared home, depending on the circumstances. Read the actual order carefully so you understand exactly what it prohibits or requires.
A protection order is a legal safeguard, not a guarantee of physical safety. If you need a safe place to stay, medical attention or help making a safety plan, tell the police or a support service what you need.
What if the person breaches the order?
If the person does something prohibited by an order that is in force, contact the police. Explain which condition you believe was breached and provide the order and any supporting records you have. You may be asked to complete an affidavit about the breach.
Protection order procedures provide for a warrant of arrest that is issued but suspended while the respondent complies with the order. Whether the police arrest the person following an alleged breach depends on the applicable legal requirements and circumstances; an allegation does not mean an arrest will happen automatically. If you have lost your warrant or need a further one, ask the clerk of the court about the procedure.
If the breach creates an immediate threat, call 10111 rather than waiting to visit the court.
Where can you get help?
You can ask the clerk of the Magistrate’s Court about applying for an order and the forms you need. For an emergency, contact the police on 10111. For support and counselling relating to gender-based violence, the Gender-Based Violence Command Centre operates a 24-hour service on 0800 428 428.
Remember:
You can ask for protection. You can ask for an explanation of the process. You can seek urgent help when your safety is at risk.
Official Resources and Further Reading
Domestic Violence Act 116 of 1998: Read the Act, as amended, on domestic violence protection orders and the court’s powers.
Protection from Harassment Act 17 of 2011: Read the Act, as amended, on harassment protection orders, including harassment involving electronic communications.
Department of Justice: Domestic Violence Forms: Find the current application form, information notices and other domestic violence forms.
Department of Justice: Protection from Harassment Forms: Find the harassment application form and an explanation of the procedure.
Department of Justice: Domestic Violence Frequently Asked Questions: Learn more about applying, interim orders and what to do if an order is breached.
South African Government: Assistance for Victims of Violence: Find emergency numbers and services that may assist with medical care, counselling and shelter.
Disclaimer: This article provides general information about South African law and does not constitute legal advice. The information may not apply to your particular circumstances. If you need advice about your situation, consult a qualified legal practitioner or an appropriate legal advice service.
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