How to Get a Protection Order in South Africa — DVA and PHA Explained

A protection order is a court order that prohibits a person from committing specified acts against you — such as contacting you, approaching you, entering your home, or harassing you. In South Africa, there are two distinct types of protection orders under two different Acts, and knowing which one applies to your situation is the first step. Both can be obtained without an attorney, and an interim order can be granted on the same day you apply.

If you are in immediate danger, call SAPS emergency services on 10111 or 112.

Two Types of Protection Orders in South Africa

Type 1: Domestic Violence Protection Order (DVA)

Governed by the Domestic Violence Act 116 of 1998, this order protects persons in a domestic relationship from abuse.

Who qualifies for a DVA protection order?

The parties must be in a "domestic relationship" as defined in section 1 of the DVA. This includes:

• Spouses and former spouses (civil and customary marriages)
• Persons living together (not necessarily married)
• Persons who previously lived together
• Parents of children together (regardless of whether they ever lived together)
• Family members (by blood, marriage, or adoption) who share or recently shared a household
• Persons in a dating relationship (past or present)
• Persons in a same-sex relationship (the Act expressly covers this)

What constitutes domestic violence under the DVA?

• Physical abuse
• Sexual abuse
• Emotional, verbal, and psychological abuse (including insults, threats, humiliation)
• Economic abuse (controlling finances, preventing employment)
• Intimidation
• Harassment (repeated conduct causing distress)
• Stalking
• Damage to property
• Entering the complainant's residence without consent

Type 2: Protection from Harassment Order (PHA)

Governed by the Protection from Harassment Act 17 of 2011, this order protects any person from harassment — not just those in a domestic relationship.

Who qualifies for a PHA protection order?

Any person who is being harassed. The respondent and complainant do not need to be in a domestic relationship. The PHA applies to:

• Stalking
• Cyberstalking and online harassment (this is a critical modern use)
• Workplace harassment by a colleague (where the Domestic Violence Act would not apply because they don't share a household)
• Harassment by a neighbour
• Anonymous harassment (the court can compel electronic service providers to disclose identity of online harassers)

What constitutes harassment under the PHA? Harassment means conduct that causes mental, psychological, physical, or economic harm; inspires the reasonable belief that harm may be caused; or unreasonably interferes with privacy, integrity, or freedom of movement. It must be repeated — a single incident generally does not constitute harassment, though the court has discretion where single incidents are sufficiently serious.

How to Apply for a DVA Protection Order (Step-by-Step)

Step 1: Record All Incidents Beforehand

Before going to court, gather evidence:

• Dates and descriptions of incidents (a diary or notes app is useful)
• Photographs of injuries, damaged property, threatening messages
• Medical records if you sought treatment
• Names and contact details of witnesses
• Copies of threatening WhatsApp messages, emails, or social media posts
• Previous police case numbers if the abuse was reported to SAPS

This evidence is not strictly required to get an interim protection order — but it makes your case stronger and prepares you for the return date when the respondent can oppose.

Step 2: Go to the Magistrate's Court

Domestic violence protection orders are applied for at your nearest Magistrate's Court (not the High Court, not the police station). You do not need an attorney. The Clerk of the Court or a court official will assist you. Courts typically have a designated family court section or domestic violence desk.

You can apply at any time during court hours. If you need assistance after hours, you can report to a SAPS station — police officers are obliged to help you complete a protection order application and can contact a duty magistrate.

Step 3: Complete Form 2 (DVA Complainant Form)

The clerk will provide Form 2 under the Domestic Violence Act — a complainant's affidavit describing:

• Your relationship with the respondent
• The nature, frequency, and history of the abuse
• What you fear will happen if no order is granted
• What order you are requesting (no contact, removal from home, etc.)

You sign this form under oath. Be honest and as detailed as possible. The magistrate will read this affidavit when deciding whether to grant the interim order.

Step 4: Interim Protection Order

A magistrate (who may be a duty magistrate if the application is made after hours) considers your application. If the magistrate is satisfied that there are reasonable grounds to believe you are being abused or are at risk, they will issue an interim protection order — on the same day, without the respondent being present.

The interim order is served on the respondent by the SAPS. The service of the order is accompanied by a return date — a specific court date on which both parties must appear so that the respondent can oppose or consent to a final order.

Step 5: SAPS Service and Return Date

The SAPS is responsible for serving the interim protection order on the respondent. The order includes a date and time for the parties to appear in court. Between the date of issue and the return date, the interim order is in force — if the respondent violates it, they can be arrested immediately.

Step 6: Final Protection Order

At the return date:

• If the respondent does not appear: The court may issue a final protection order in their absence
• If the respondent appears and consents: A final order is made by consent
• If the respondent appears and opposes: Both sides give evidence, and the magistrate decides whether to make a final order

A final protection order has no specified expiry date — it remains in force indefinitely unless varied or set aside by the court. The respondent can apply to vary or set aside the order if circumstances change.

What the Protection Order Can Prohibit

A protection order (whether DVA or PHA) can:

• Prohibit the respondent from contacting you (phone, email, WhatsApp, through third parties)
• Prohibit the respondent from entering your home, workplace, or specified locations
• Order the respondent to vacate the shared home even if they own or rent it (if you are at risk)
• Prohibit commission of any act of abuse or harassment
• Order the respondent to attend a specified treatment programme
• Any other condition the court considers necessary

The order specifies exactly what is prohibited. A copy with an arrest warrant attached is given to the complainant — keep this safe and carry it with you.

What to Do If the Respondent Violates the Protection Order

If the respondent violates the protection order in any way:

1. Call SAPS emergency services (10111 or 112) immediately
2. Show the protection order and attached arrest warrant to the police
3. The SAPS must arrest the respondent — this is mandatory under section 8(4)(a) of the DVA. A police officer cannot refuse to arrest or say it is a "domestic matter." If SAPS refuses to arrest, report this to the station commander and to the Independent Police Investigative Directorate (IPID).
4. The respondent will be charged with contravening the Domestic Violence Act — a criminal offence that can result in imprisonment.

Keep the protection order and arrest warrant on your person at all times after it has been served on the respondent.

SAPS Obligations Under the DVA

Section 2 of the Domestic Violence Act 116 of 1998 imposes specific obligations on SAPS officers responding to domestic violence complaints:

• Must assist the complainant
• Must give the complainant a prescribed notice explaining their rights and available services
• Must take reasonable steps to ensure the complainant's safety
• Must arrest the person who has violated a protection order
• Cannot refuse to assist on the grounds that it is a domestic or private matter
• Cannot treat the matter as less serious because of the relationship between the parties

If SAPS fails to comply with these obligations, you can lodge a complaint with IPID at ipid.gov.za.

Protection from Harassment Act: Key Differences

The PHA process is similar to the DVA process:

• Apply at the Magistrate's Court
• Complete a complainant affidavit
• Magistrate can issue an interim order on the same day
• Return date for a final order

Additional PHA features:

• Electronic communication subpoena: If you are being harassed anonymously online, the court can order internet service providers or social media platforms to disclose the harasser's identity
• Broader protection: No domestic relationship required
• Cyberstalking: The PHA expressly covers online harassment and stalking

Do I Need an Attorney for a Protection Order?

No. You can apply for a protection order entirely on your own — the process is designed to be accessible to self-represented applicants. Court officials are required to assist you with the forms. Many Magistrate's Courts also have dedicated social workers and victim support services on site.

An attorney is advisable if:

• The respondent has legal representation and is opposing the protection order vigorously
• The matter involves custody disputes simultaneously (the protection order and custody may interact)
• You want to understand the full legal implications before applying

Family law attorneys and Legal Aid South Africa (for qualifying individuals) can assist.

Frequently Asked Questions

Can a man apply for a protection order against a woman?

Yes. Protection orders are available to any person who is being abused or harassed, regardless of gender. The Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011 do not restrict applications by gender. Male victims of domestic violence can and do apply for protection orders. The magistrate will assess the evidence and the credibility of the application on its merits, regardless of who the complainant is. Male victims of domestic violence are encouraged to report and to seek protection. There is no legal disadvantage to being a male complainant in protection order proceedings.

Does a protection order expire?

A final protection order does not have a fixed expiry date — it remains in force indefinitely until it is varied or set aside by a court on application. An interim protection order is in force from the date of issue until the return date. If a final order is made at the return date (or before, by default), the protection continues indefinitely. Either party can apply to the court to vary or set aside the order if circumstances have genuinely changed — for example, if the parties have reconciled and the complainant no longer feels at risk, or if the respondent can demonstrate the order is no longer necessary. However, the court will not lightly set aside a protection order if there is any ongoing risk.

Can I get a protection order against a colleague at work?

Yes, under the Protection from Harassment Act 17 of 2011 — not the Domestic Violence Act (which requires a domestic relationship). The PHA covers any harassment including workplace harassment between colleagues who do not share a domestic relationship. You apply at the Magistrate's Court. Note that workplace harassment also has a separate avenue through the employer's internal grievance procedures and potentially through the CCMA (if it amounts to an unfair labour practice or constructive dismissal). Both routes can be pursued simultaneously. The protection order addresses your personal safety; the labour route addresses your employment relationship.

What happens to the protection order if I reconcile with the abuser?

If you reconcile with the abuser, you can apply to the court to have the protection order varied or set aside. The court will consider whether there is genuinely no longer a need for protection and whether the reconciliation is voluntary and not the result of ongoing coercion or pressure. Courts are cautious about withdrawing protection orders, particularly where there is a history of serious abuse. If you attempt to reconcile but the abuse resumes, you can return to the Magistrate's Court and apply for a new protection order — your history of abuse will be relevant to the new application. Do not allow a reconciliation to be used as leverage by the abuser to withdraw a protection order.

Related Resources

• Family Law Attorneys South Africa
• Divorce Attorneys South Africa
• Domestic Violence Act — Department of Justice
• SAPS — Emergency Number 10111

About the Author

This guide was compiled by the Justibly Editorial Team in consultation with practising attorneys registered with the Legal Practice Council. Our editorial process ensures accuracy and compliance with South African legal standards. For specific legal advice, always consult a qualified attorney.

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Justibly is an independent legal directory. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by using this directory. For advice on your specific legal situation, consult a qualified attorney registered with the Legal Practice Council.

Last updated: April 2026