What counts as domestic violence?

Physical abuse, sexual abuse, emotional/verbal/psychological abuse, economic abuse (withholding money, damaging property), intimidation, harassment, stalking, damage to property, entry to the complainant's residence without consent, or any controlling/abusive behaviour.

Does the abuser have to move out?

The court can order the respondent not to enter the shared residence - effectively removing them. The court can also order the respondent to continue paying rent/bond and maintenance while the order runs.

What happens if the order is breached?

Every protection order has a warrant of arrest attached. If the respondent breaches, you call SAPS who must arrest. Breach is a criminal offence carrying up to 5 years' imprisonment.

Domestic Violence & Protection Orders Attorneys

Q: How do I get a protection order?

Apply at any Magistrate's Court for free. Complete Form 2 describing the abuse. An interim order can be granted the same day ex parte. The court sets a return date when both parties appear.

Urgent protection orders, harassment orders, and related criminal matters. Browse 498 LPC-registered attorneys across South Africa.

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Reviewed by the Justibly editorial team·Updated April 2026

Protection orders under the Domestic Violence Act 116 of 1998 are free to apply for and can be obtained the same day at any Magistrate's Court. An interim protection order is granted ex parte (without the respondent present) if the court is satisfied there is evidence of domestic violence. Domestic violence includes physical abuse, sexual abuse, emotional/verbal abuse, economic abuse, intimidation, harassment, stalking, damage to property, and entry into the complainant's residence without consent.

Protection orders can also be obtained under the Protection from Harassment Act 17 of 2011 where there is no domestic relationship (neighbour, ex-boyfriend, stalker). Attorneys assist with drafting compelling Form 2 applications, attending return-date hearings, and prosecuting breaches of protection orders (which are criminal offences).

When to hire a domestic violence & protection orders attorney

You have been physically, sexually, or emotionally abused by a partner or family member.
A former partner is stalking, harassing, or threatening you.
You need an urgent order removing the abuser from the shared home.
A protection order has been breached and you want criminal prosecution.
You are the respondent to a protection order application you believe is unfounded.

What to expect

Application is free at any Magistrate's Court. Complete Form 2 describing the abuse. An interim order can be granted the same day. A return date is set 1-4 weeks later when the respondent gets to state their case. At the return hearing, the court either confirms the order as final, discharges it, or modifies it. Breach of a protection order is a criminal offence with a warrant of arrest attached to every order.

Typical fees

Applying is free (no attorney needed for basic applications). Attorney-assisted applications: R3,000-R10,000. Contested return dates with complex facts: R8,000-R30,000. Urgent weekend applications at superior courts are more expensive.

Legal information, not legal advice. This page provides general information about domestic violence & protection orders in South Africa. It is not a substitute for advice from a qualified attorney. Laws and procedures change - consult a verified attorney for your specific matter.

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