To get a restraining order in South Africa you apply at the magistrate’s court nearest to where you live or work, complete an application form, swear an affidavit setting out the abuse or harassment, and ask for an interim protection order. If the court is satisfied on your papers, it grants the interim order immediately and the sheriff serves it on the respondent, together with a suspended warrant of arrest. A return date is set, usually within weeks, at which the order is made final unless the respondent convinces the court otherwise.
Which order you apply for depends on your relationship with the other person. Domestic partners, family members and co-parents use the protection order under the Domestic Violence Act 116 of 1998. Strangers, neighbours, colleagues and anyone outside a domestic relationship use the protection from harassment order under the Protection from Harassment Act 17 of 2011. Both are free to apply for and both are enforced by the police.
Which Order Applies to You
| Feature | Domestic violence protection order | Harassment protection order |
|---|---|---|
| Law | Domestic Violence Act 116 of 1998 | Protection from Harassment Act 17 of 2011 |
| Relationship required | Domestic relationship: partners, ex-partners, family, cohabitants, parents of a shared child | Any person, no relationship needed |
| Covers | Physical, sexual, emotional, verbal, psychological and economic abuse, stalking, damage to property | Stalking, watching, loitering, repeated contact, threats, sexual harassment |
| Where to apply | Any magistrate’s court, including the family court, near where you live or work | Any magistrate’s court near where you live or work |
Step-by-Step: Applying for the Order
- Go to the magistrate’s court or family court closest to where you live or work. No lawyer is needed and there is no filing fee.
- Tell the clerk you want to apply for a protection order. You will receive Form 2 under the Domestic Violence Act, or the harassment application form under the Protection from Harassment Act.
- Complete the form and swear a detailed supporting affidavit: the incidents, dates, what was said or done, injuries, threats and any evidence such as messages, photos, medical reports or witnesses.
- Hand the papers to the clerk, who places them before a magistrate or judicial officer the same day.
- If granted, the interim order and suspended warrant of arrest are sent to the sheriff for service on the respondent. The order only takes effect on service.
- Attend the return date with your evidence. If the respondent does not oppose or fails to show, the order is usually made final.
- Collect certified copies for yourself and keep the case number. The police station serving your area keeps the original on file.
What to Bring and What to Include
The application stands or falls on the affidavit. Include specific incidents in date order rather than general statements, and attach copies of supporting evidence. Nothing you attach is wasted.
- Identity document and the respondent’s full name, address and workplace, if known.
- SMSes, WhatsApp messages, e-mails and call logs showing abuse or harassment.
- Photographs of injuries or damage, and J88 medical forms or hospital records.
- Previous case numbers, opened charges or laid complaints.
- Witness details, including neighbours or colleagues who saw incidents.
After the Order Is Granted
A final order lasts indefinitely until a court varies or sets it aside. Breach of either an interim or a final order is a criminal offence. When a breach happens, report it to the police immediately and hand them the certified copy; the suspended warrant is then executed and the respondent can be arrested and prosecuted.
Keep the order practical. The court can prohibit contact, order the respondent out of the shared home, prohibit firearm possession, and authorise a peace officer to remove the respondent’s firearms. Ask for the terms that match the actual pattern of abuse.
Common Mistakes to Avoid
- Vague affidavits. “He abuses me” is weak; three dated incidents with evidence are strong.
- Waiting for the next incident. The order exists to prevent the next incident.
- Assuming you need a lawyer or money. The application is free and designed for self-representation, though legal help strengthens complex matters.
- Forgetting service follow-up. An interim order does not operate until the sheriff serves it, so confirm service before the return date.
- Contacting the respondent after obtaining the order. Report breaches to the police instead of responding personally.
Get help applying for a restraining order. Otrebski Attorneys’ family law team in Sandton assists applicants with urgent protection order applications and opposes false ones. Call 060 500 3098 or book an appointment.
Frequently Asked Questions
How do I get a restraining order in South Africa?
Apply at the magistrate’s court nearest to where you live or work. Complete the application form, swear a detailed affidavit describing the abuse or harassment, and ask for an interim protection order. If granted, the sheriff serves it on the respondent and the order is made final on the return date.
How long does it take to get a protection order?
An interim protection order can be granted the same day if your papers show a risk of harm. It takes effect when the sheriff serves it on the respondent, usually within days. The final order follows at the return-date hearing, typically set a few weeks later.
Do I need a lawyer to get a restraining order?
No. The process is designed for applicants to complete themselves at the magistrate’s court and there is no filing fee. A lawyer does help where the respondent opposes the order, the facts are contested or children and property are involved.
What is the difference between a protection order and a harassment order?
A domestic violence protection order under the Domestic Violence Act 116 of 1998 requires a domestic relationship and covers abuse within it. A harassment order under the Protection from Harassment Act 17 of 2011 applies to anyone, including strangers, neighbours and colleagues, and covers stalking and repeated unwanted conduct.
What happens if someone breaks a restraining order?
Breach of a protection order is a criminal offence. The suspended warrant of arrest issued with the order is executed, and the respondent can be arrested and prosecuted, facing a fine or imprisonment, with heavier sentences for repeat breaches.
Disclaimer. This article is general information, not legal advice for a specific matter. Confirm requirements against the Domestic Violence Act 116 of 1998 or the Protection from Harassment Act 17 of 2011 with your nearest magistrate’s court, the police, or an admitted attorney.