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Yes — under the Domestic Violence Act 116 of 1998 (DVA) the term “domestic violence” is not limited to physical or sexual violence, but also includes economic abuse (for example: controlling or disposing of joint assets, denying access to financial resources).

In applying for a protection order you may request a condition that the respondent refrain from disposing of household goods, or that interim monetary relief (such as paying for food, medical, transport, etc) be made. 

Tip: When preparing your affidavit include specific examples of financial abuse (dates, what was done, how you were financially impacted) and any documentary evidence (bank statements, invoices, messages) to strengthen your case.

You may still apply for a protection order at a magistrate’s court in the area where you as the complainant live, or where the respondent lives or works, or where the domestic violence happened.

If the respondent resides outside the local court’s jurisdiction, the order (once granted and served) remains valid across provinces, and the designated police station in the order remains empowered to act on a breach.

Important: Ensure the respondent’s full details (address, workplace, contact number) are included in your affidavit so service and enforcement are possible.

Yes — while the DVA is not a custody or maintenance statute, the court may include interim relief in a protection order such as restricting the respondent’s contact with a child, or ordering the respondent to pay interim emergency monetary relief pending other proceedings.

However, final custody, guardianship or maintenance matters are usually dealt with under the Children’s Act 38 of 2005 or the Maintenance Act 99 of 1998.

So: if there are children involved, ensure you raise both the protection-order matter and seek proper legal advice about child-care arrangements.

Yes — a protection order (whether interim or final) may be varied, rescinded (cancelled) or set aside by the court, but only following a proper application.

For example: the complainant may apply to cancel it if the parties reconcile; the respondent may apply to set aside the order if they can show reasons why it should not have been granted. The court will take the best interests of the complainant (and children, if any) into account.

Note: Until a formal court order removes or modifies the protection order, its terms remain legally binding and enforceable.

Yes — the Domestic Violence Act 116 of 1998 does not require the parties to be married. Protection orders can be applied for by anyone in a current or former domestic relationship, including dating partners, cohabitants, family members, or people in a same-sex relationship. 

It’s important to clearly describe the relationship in your affidavit and provide evidence of abuse to ensure the court recognises your situation under the Act.