Protection Orders in South Africa: Domestic Violence and Harassment (2026)

A protection order gives a court-enforced way to stop abuse from a partner, family member or other person in a domestic relationship. This guide covers how to apply under the Domestic Violence Act, what changed in 2023, and the separate route available where there is no domestic relationship at all.

Information last verified on 23 July 2026. This page provides general legal information about South African domestic violence law and does not constitute legal advice in an individual case.

Applying for a Protection Order

An application for a protection order under the Domestic Violence Act 116 of 1998 can be made at the Magistrates' Court nearest to where you live or work, at any time, including during and outside ordinary court hours, and on weekends and public holidays. The service itself is free of charge.

The process runs in two stages. First, you apply for an interim protection order on Form 6, made without notifying the other person, so the court can act immediately where there is a risk of harm. Once you have applied for the interim protection order, you complete Form 2, the application for a protection order, made by way of an affidavit. The clerk of the court sends this to the magistrate, who sets a return date, and prepares a notice informing the other person of the order and when they must appear in court. After that appearance, the magistrate may grant the final protection order. In an emergency, this service is available 24 hours a day, and an order can sometimes be obtained the same day, though this depends on how complex the case is.

Electronic Lodging: No National Portal

The Domestic Violence Amendment Act 14 of 2021 allows an application to be lodged electronically, by submitting it to the electronic address of the court that has jurisdiction, rather than only in person with the clerk of the court. This is a per-court mechanism, not a single national website: there is no unified online portal for lodging a protection order application, and you should not expect to find one. The same Amendment Act envisages an integrated electronic repository of protection orders under a new section 6A, but that specific section did not come into force with the rest of the Act, so the centralised repository is not yet operative.

Breach of a Protection Order: Arrest

Every protection order carries a warrant of arrest, held by the court and suspended unless the order is breached. If a respondent contravenes the order, the complainant can go to the nearest police station, lodge a complaint and make an affidavit. If a police officer finds reasonable grounds to suspect the respondent may harm the complainant, the officer must immediately arrest the respondent. Where the grounds for arrest are not met, the officer instead gives the respondent a written notice to appear in court. The relevant forms are Form 10, the affidavit reporting the breach, and Form 11, the notice to appear.

What Counts as Domestic Violence: Broadened in 2023

The Domestic Violence Amendment Act 14 of 2021 came into force on 14 April 2023, under Proclamation 117 of 2023, with one exception: section 6A, the integrated electronic repository described above, was expressly excluded and has not commenced. The Amendment Act broadened the categories of conduct that count as domestic violence, which now include physical, sexual, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment and sexual harassment, damage to property, entry into a complainant's residence or workplace without consent, and several categories that are new or renamed since 2023:

• coercive behaviour: compelling or forcing a complainant to abstain from doing something they have a lawful right to do, or to do something they have a lawful right to abstain from doing;
• controlling behaviour: behaviour that makes a complainant dependent on or subservient to the respondent, including isolating them from support, exploiting their resources, depriving them of the means to be independent, or regulating their everyday behaviour;
• elder abuse: abuse of an older person;
• related person abuse: abuse of a member of the complainant's family or household, or another person in a close relationship with the complainant, not only the complainant themselves; and
• spiritual abuse: a broadened category that replaces the narrower former heading of 'stalking', though stalking-type conduct is still covered elsewhere in the definition.

The Amendment Act also opened up who can bring an application on a complainant's behalf, beyond the earlier closed list of counsellors, health workers, police officers, social workers and teachers, to any functionary or other person with a material interest in the complainant's wellbeing, subject to consent requirements.

Who Is Protected: 'Domestic Relationship'

The Act protects people in a 'domestic relationship' with the respondent, a broadly defined term covering six categories: spouses, including under any law, custom or religion; people who live or lived together in a relationship in the nature of marriage, of the same or opposite sex, whether or not they are able to marry each other; parents of a child, or people who have or had parental responsibility for a child; family members related by blood, marriage or adoption; people in an engagement, dating or customary relationship, including a romantic, intimate or sexual relationship of any duration; and people who share or shared the same residence in a close relationship.

If There Is No Domestic Relationship: the Protection from Harassment Act

Where the situation does not fit the Domestic Violence Act's definition of a domestic relationship, the Protection from Harassment Act 17 of 2011 offers a separate, relationship-neutral remedy: it applies to any person, without needing to show a domestic relationship at all. Its definition of harassment covers directly or indirectly engaging in conduct the respondent knows, or ought to know, causes harm or a reasonable belief that harm may be caused, including following, watching, pursuing or loitering near the complainant, unwanted communication, or sending unwanted items, as well as sexual harassment. The two Acts are not mutually exclusive: a person who could apply under the Domestic Violence Act is not prevented from applying under the Protection from Harassment Act instead, or as well. This Act, and its 'watching' language in particular, is also relevant to a neighbour's intrusive camera; see CCTV and neighbour cameras.

Related Reading

For how these protections interact with a child in the household, see child custody, care and contact. For maintenance claims that often arise alongside a protection order, see Maintenance Court. For divorce, see divorce in South Africa. The South Africa family law section and the South Africa Laws hub link the wider site.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.