How Much Is a Restraining Order in South Africa? | Legal Cost Guide

Applying for a restraining order, called a protection order, in South Africa is free. The Domestic Violence Act 116 of 1998 deliberately removes every court fee from the process, so an applicant at a Magistrate’s Court or Family Court pays nothing to lodge the application, get an interim order, or have it served. The only cost most applicants ever face is the optional fee of a private attorney, typically R5,000 to R15,000 if the matter is opposed and runs to a contested final hearing.

In other words, the price of protection is set by how much help you want, not by the court. This guide breaks down what is free, what attorneys charge for, and how to keep the cost near zero when money is tight.

What Is Free and What Is Not

Step	Cost to the applicant	Notes
Lodging the application at court	Free	No filing fee under the Domestic Violence Act
Interim protection order	Free	Granted by a magistrate, often the same day or within days
Service of the order on the respondent	Free	Arranged through the court; a police officer may serve
Warrant of arrest on breach	Free	Issued with the order for immediate use if it is breached
Private attorney, unopposed	Commonly R5,000 to R15,000	Optional; many applicants complete the process without one
Private attorney, opposed final hearing	R15,000 to R50,000 or more	Depends on hours, pleadings, and appearances

These attorney figures are market estimates and vary by firm and province. Fees are quoted per matter, and a first consultation will tell you whether the attorney’s involvement is needed at all.

How to Apply at No Cost

1. Go to the Magistrate’s Court or Family Court nearest where you or the respondent live. Ask the clerk of the court for a protection order application in terms of the Domestic Violence Act.
2. Complete the affidavit. Describe the abuse and list specific incidents with dates. Support it with any evidence: messages, photos, medical reports, witness details.
3. See the magistrate. If satisfied, the magistrate issues an interim protection order and a return date.
4. Service on the respondent. The court arranges service, and a suspended warrant of arrest is usually attached to the interim order.
5. Attend the return date. If the respondent does not oppose, the interim order is made final. If it is opposed, the court hears evidence before deciding.

The same no-fee structure applies to protection orders under the Protection from Harassment Act 17 of 2011 for abuse by strangers, neighbours, or colleagues outside a domestic relationship.

When an Attorney Is Worth the Fee

• The respondent is opposed and litigious. A contested final hearing is a trial, and cross-examination by the respondent is easier with representation.
• Children and contact are entangled. A protection order that clashes with a care and contact arrangement needs coordinated drafting.
• The respondent has an attorney. Roughly matched firepower prevents an unrepresented applicant from being outmanoeuvred on procedure.
• Safety planning. A practitioner experienced in domestic violence matters can align the order with shelter, police, and occupation of the home.

Applicants who cannot afford a private attorney can apply to Legal Aid South Africa, subject to its means test, and many Magistrate’s Courts keep a help desk or partner organisations that assist with form completion at no charge.

Common Mistakes to Avoid

• Paying a “court fee” to anyone. The application is free. Anyone demanding a fee to lodge it is not the court.
• Vague affidavits. “He is abusive” carries less weight than dated incidents with evidence attached, and weak affidavits get opposed.
• Waiting for the next incident. The interim order and suspended warrant only protect once issued and served.
• Ignoring the return date. Missing it can void the interim protection and force a restart.
• Not reporting breaches. A protection order is enforced through the criminal process, and a documented pattern of breach reports strengthens later applications.

Frequently Asked Questions

How much does a restraining order cost in South Africa?

Nothing. An application for a protection order under the Domestic Violence Act 116 of 1998 is free at the Magistrate’s Court or Family Court, including the interim order and its service on the respondent. The only cost is a private attorney if you choose to use one, commonly R5,000 to R15,000 unopposed and more if the final order is contested.

Can I get a restraining order for free without an attorney?

Yes. The clerk of the court provides the forms, you describe the abuse in an affidavit, and the magistrate can grant an interim order without any lawyer involved. Many applicants complete the entire process, including the final order, without legal representation.

Does Legal Aid South Africa cover protection order applications?

Yes, subject to a means test. Legal Aid South Africa assists applicants who cannot afford a private attorney, and domestic violence matters are a priority category for the organisation.

How long does it take to get a protection order?

An interim protection order can often be granted the same day the application is lodged, and served on the respondent within days. The final order follows on the return date, usually weeks later, either unopposed or after a contested hearing.

Disclaimer. This article is general legal information for South Africa, not legal advice. Court practice and attorney fees differ between jurisdictions and change over time; confirm current procedure with your local Magistrate’s Court, Legal Aid South Africa, or a family law attorney. If you are in immediate danger, contact the police.