Domestic Violence: Understanding Protection Orders

If someone you live with, or have been in a relationship with, is hurting, threatening or controlling you, you may feel trapped and unsure whether anything can be done. Something can. A protection order is a legal tool made for exactly this situation, and you do not need an attorney or money to apply.

If you are in danger right now, call SAPS on 10111 or 112 from a mobile, or the GBV Command Centre on 0800 428 428.

What is happening

The Domestic Violence Act 116 of 1998, strengthened by amendments in 2021, protects people from abuse in a "domestic relationship". This includes spouses, partners, ex-partners, people who are dating, family members, people sharing a home, and parents of a child together. Domestic violence is broader than hitting. It includes physical, sexual, emotional, verbal, psychological and economic abuse, intimidation, harassment, stalking, damage to property, entering your home without permission, and controlling or coercive behaviour.

You apply at a magistrate's court, usually near where you live or work, or where the abuse happened. The clerk of the court will help you with the forms. There is no court fee. In urgent cases, applications can be made outside normal court hours, and the amended Act also provides for applying online (check with your court whether this is available). Someone else, such as a counsellor, social worker or teacher, can apply on your behalf with your consent, and a child can apply with the help of an adult.

The court can grant an interim protection order straight away, without the abuser being there, if there is evidence of abuse. The order is served on the abuser, and a return date is set. On that date, both sides can be heard, and the court decides whether to make the order final. A final order stays in force until it is set aside by a court. The order can stop the abuser from abusing you, contacting you, coming to your home or work, or getting help from others to do these things. It can also deal with things like rent, a firearm or temporary arrangements for the children. With the order, the court authorises a warrant of arrest that is suspended as long as the abuser obeys. If the abuser breaks the order, you can hand the warrant to the police, and breaking the order is a criminal offence.

Signs to notice

• You are being hit, pushed, choked or threatened
• You are being told who you may see, where you may go or what you may spend
• Your phone is checked, or your money or ID is kept from you
• You are insulted, humiliated or frightened at home
• Threats are made against your children, pets or family
• You change your behaviour to avoid "setting them off"

30-second self-check

Answer yes or no to each question.

• Has the person hurt or threatened to hurt you or your children?
• Has the abuse become more frequent or more serious recently?
• Does the person have access to a firearm or other weapon?
• Has the person tried to choke or strangle you?
• Do they control your money, phone or movements?
• Have they threatened to kill you or themselves?
• Are you afraid of what will happen if you leave?

0-1 yes: It still matters. Keep notes, tell someone you trust, and know where to get help.
2-3 yes: A protection order could help you. Make a safety plan and speak to the clerk of the court or a support organisation.
4 or more yes: Your safety needs attention now. Contact the GBV Command Centre on 0800 428 428 or SAPS on 10111 and make a safety plan today.

What you can do next

• Today: If you are not safe, go to a safe place and call 10111. Keep your ID, bank card, phone and children's documents where you can grab them quickly.
• This week: Go to the magistrate's court to apply for a protection order. Take any evidence you have: photos, messages, medical records, names of witnesses.
• This month: Attend the return date. Keep a copy of the order and the warrant of arrest with you at all times.
• Keep a private record of incidents, with dates, on a device the abuser cannot access.
• If you are injured, see a doctor or clinic and ask them to note your injuries.
• A protection order is not a promise of safety. Keep your safety plan up to date.

Your tool

Immediate Safety Check - a private, quick check that helps you understand how safe you are right now and links you to a safety plan and the right help.

When to get professional help

Contact help straight away if there are threats to kill, strangling, weapons, or abuse getting worse. Counselling can help with fear, shock and the long-term effects of abuse, when you are ready.

Who can help: SAPS and emergency services, shelter and GBV organisations, Legal Aid SA, family law attorney, social worker, counsellor, psychologist

Getting help in South Africa

The GBV Command Centre, 0800 428 428, operates 24 hours a day and can connect you to help. SAPS (10111) must assist victims of domestic violence and can arrest an abuser who breaks an order. Thuthuzela Care Centres support survivors of sexual violence. Legal Aid SA (legal-aid.co.za) can assist with legal matters. Shelters for abused women and children exist in every province, and the GBV Command Centre or a social worker can help you find one. The Cleared Mind Careline, 0800 212 146, is available 24 hours a day for support.