Danielle Mylie
Senior Associate - Family Law

Insight
February 11, 2025

In South Africa, married individuals are considered to be in a domestic relationship under the Domestic Violence Act. If you are experiencing any form of abuse from your spouse, you have the right to apply for a protection order through the Domestic Violence Court.
Many people refer to “interdicts” or “restraining orders”, but under South African law, these are called protection orders. A protection order is a legal mechanism that prevents an abuser from continuing harmful behaviour and offers legal recourse if they violate the order.
A protection order can be sought if you are being subjected to any of the following forms of domestic violence:
The law does not require physical harm to grant a protection order - emotional and psychological abuse are also recognised forms of domestic violence.
You may apply for a protection order if you are in a domestic relationship with the abuser. This includes:
Go to your nearest Domestic Violence Court and request an application for a protection order.
To strengthen your application, bring documentary evidence such as:
Once your application is submitted, a Magistrate will review the details. If the court determines that you are in immediate danger, an interim protection order will be issued without informing the respondent (your spouse).
The interim order must be served to your spouse by the police or sheriff, notifying them of the restrictions.
Once the final protection order is granted, the court will issue a warrant of arrest, which allows law enforcement to arrest the abuser if they violate the order.
If the respondent breaches the order, you should:
A protection order is a powerful legal tool to protect individuals from abuse in domestic relationships. If you are experiencing domestic violence, seek legal advice and take action to safeguard your rights.