Applying for protection
How to get a protection order in South Africa
You apply through the appropriate Magistrate's Court using the prescribed process. First identify whether the Domestic Violence Act or Protection from Harassment Act applies, then prepare a clear factual application stating what happened and what protection you need. The court may grant interim protection before the respondent is heard, after which the papers are served and the matter proceeds to a return date.
- Choose the correct statutory route before completing the papers.
- Tell the story in dates and incidents, not legal labels.
- Ask for the specific protection you actually need.
- Use the separate evidence and affidavit guides when preparing your papers.
1. Decide which law applies
If the respondent is or was in a domestic relationship with you, the Domestic Violence Act will usually be the correct route. Harassment outside a domestic relationship is generally dealt with under the Protection from Harassment Act.
2. Prepare and file the application
Complete the prescribed application and supporting affidavit, identify the incidents relied on and state the exact protection requested. File the papers at a Magistrate's Court with jurisdiction.
3. The court considers interim protection
Where the statutory requirements are met, the court may grant temporary protection before the respondent is heard. The interim order is not the final determination of the dispute.
4. Service and the return date
The respondent is served with the order and application. The return date is the opportunity for the court to decide, after both parties have had an opportunity to be heard, whether the order should continue on a final basis.
Official sources
- Department of Justice — Domestic Violence forms
- Department of Justice — Protection from Harassment forms
Please note. This page provides general information on South African law and does not constitute legal advice. Every matter turns on its own facts. You should consult this firm, or any attorney, before acting on it.
Speak to us
Tell us what has happened and what stage the matter has reached.
We assist applicants and respondents with drafting, urgent applications, return dates, opposition and enforcement across greater Durban.