A harassment protection order is a court order, issued under the Protection from Harassment Act 13 of 2011, that orders a person to stop harassing you and forbids further contact. You apply at a Magistrate’s Court, you do not need a lawyer to apply, and there is no filing fee.
Unlike a domestic violence protection order, a harassment order is available against anyone: a stranger, an ex-partner you never lived with, a neighbour, a colleague or an online stalker. No family or romantic relationship is required.
This guide explains what counts as harassment, how to apply step by step, what an interim order does, and what happens if the respondent ignores the order.
What Counts as Harassment Under the Act
The Act defines harassment as directly or indirectly engaging in conduct that the harasser knows, or ought to know, causes you harm or makes you reasonably fear that harm may come to you. Harm includes mental, psychological, physical and economic harm.
Sexual harassment and stalking are expressly included. Stalking includes following, watching or pursuing you, and loitering near your home, workplace or school. Cyber stalking through messages, calls or online activity falls squarely within the definition.
- Repeated phone calls, texts or WhatsApp messages after you have asked the person to stop.
- Following you, waiting outside your home or workplace, or driving past repeatedly.
- Unwanted sexual advances, comments or touching.
- Threats against you, your family or your property.
- Online harassment, including fake profiles and messages sent through other people.
Harassment Order vs Domestic Violence Order
People often ask which order they need. The difference is the relationship between the parties, not the seriousness of the conduct.
| Feature | Harassment order (Act 13 of 2011) | Domestic violence order (Act 116 of 1998) |
|---|---|---|
| Who it covers | Anyone, including strangers | Partners, family members and household members only |
| Conduct covered | Harassment, stalking, sexual harassment | Physical, sexual, emotional, verbal and economic abuse |
| Where you apply | Magistrate’s Court where you or the respondent lives or works | Magistrate’s Court with jurisdiction |
| Cost | No filing fee | No filing fee |
| Interim order | Available, with a suspended warrant of arrest | Available, with a suspended warrant of arrest |
If you are being harassed by a current or former partner, a relative or someone you live with, apply under the Protection from Harassment Act only if the domestic violence route does not fit. Overlapping facts often justify the domestic violence route, which offers wider relief such as excluding the abuser from the shared home.
How to Apply, Step by Step
- Collect evidence. Screenshots of messages, call logs, photographs, medical reports and a dated diary of incidents. Names and contact details of witnesses help.
- Go to the clerk of the Magistrate’s Court in the area where you or the respondent lives, works or studies. Ask for a protection order application in terms of the Protection from Harassment Act.
- Complete the application forms and make a sworn affidavit setting out each incident, with dates where you have them.
- Ask for an interim protection order if you need urgent protection. The court can grant it without the respondent being present, and issues a suspended warrant of arrest with it.
- The police or sheriff serve the order on the respondent personally, at no cost to you when the police serve it.
- Attend the return-date hearing. The respondent may oppose. After hearing both sides the court either discharges the interim order or makes it final.
A parent, guardian or another adult can apply on behalf of a child. A child may also apply directly, and the clerk must help rather than turn the child away.
What the Order Can Forbid
A final order typically prohibits the respondent from harassing you in any way, from contacting you directly or through third parties, and from coming near your home, workplace or school. The court can also order the respondent to hand over any firearm or dangerous weapon, and can direct the police to seize firearms in appropriate cases.
The order is drafted to fit your situation, so tell the court exactly what protection you need. Ask expressly for online contact and contact through third parties to be banned, otherwise the order may only cover direct approaches.
If the Order Is Breached
Breaking a harassment protection order is a criminal offence. The suspended warrant of arrest issued with the interim order becomes enforceable, and the respondent can be arrested on it. On conviction the court may impose a fine or imprisonment of up to five years.
Keep a certified copy of the order with you and give copies to your workplace security and, if relevant, your children’s school. Report every breach to the police immediately, even minor ones, because a pattern of breaches strengthens enforcement.
Common Mistakes to Avoid
- Waiting until it escalates. An interim order can be granted on the papers, so apply as soon as a pattern of harassment emerges rather than after a serious incident.
- Vague affidavits. “He keeps bothering me” carries little weight. Give dates, quotes from messages and a description of each incident.
- Responding to the harassment. Reply once telling the person to stop, keep the proof, then stop engaging. Ongoing arguments weaken your version.
- Deleting evidence. Back up screenshots and call logs before they scroll away or the number changes.
- Missing the return date. If you do not attend, the interim order lapses and you start again.
- Agreeing to contact “just to talk”. Any contact you initiate can be used to argue you do not fear the respondent.
Preparing the affidavit properly is where most self-represented applicants struggle. Otrebski Attorneys’ family and criminal law teams in Sandton prepare protection order applications for clients across Johannesburg and Gauteng, including urgent after-hours matters.
Frequently Asked Questions
What is a harassment protection order in South Africa?
It is a court order under the Protection from Harassment Act 13 of 2011 that orders a person to stop harassing, stalking or contacting you. It is granted by a Magistrate’s Court, costs nothing to apply for, and breaching it is a criminal offence punishable by a fine or imprisonment of up to five years.
How long does it take to get a harassment protection order?
An interim order can be granted the same day you apply, if the court finds a risk of harm on your papers. It protects you until the return-date hearing, which is usually set within weeks. A final order is granted after that hearing, whether or not the respondent opposes it.
What is the difference between a harassment order and a domestic violence protection order?
A domestic violence order under the Domestic Violence Act 116 of 1998 is only available where the parties are partners, family or household members. A harassment order under the Protection from Harassment Act 13 of 2011 is available against anyone, including strangers, neighbours, colleagues and online stalkers.
Does a harassment protection order cost anything?
No filing fee is charged for the application, and the police serve the order on the respondent at no cost to you. You may choose to pay a sheriff to serve it if the police struggle to find the respondent, and attorney’s fees apply only if you choose to use one.
What if the respondent ignores the protection order?
Report the breach to the police immediately. The warrant of arrest issued with the interim order becomes live once the order is breached, so the respondent can be arrested. Breaching the order is a criminal offence carrying a fine or imprisonment of up to five years on conviction.
Can I get a harassment order against someone harassing me online?
Yes. The Protection from Harassment Act expressly covers cyber stalking, including messages, calls and harassment through third parties or fake profiles. Save the messages, profiles and numbers as evidence, because electronic evidence is what proves the pattern in your affidavit.
Get help with a harassment protection order. Otrebski Attorneys’ family and criminal law team in Sandton can prepare your application, appear at the hearing and enforce the order. Call 060 500 3098 or book an appointment.
Disclaimer. This article is general information, not legal advice for a specific matter. Confirm current procedures and forms with your nearest Magistrate’s Court or the Department of Justice and Constitutional Development before applying.