How to Get a Harassment Protection Order in South Africa

Steps to get a protection order

1. Identify the Correct Court

If you are a victim of abuse, you should approach the Domestic Violence Court, or the Harassment Court depending on your relationship with the Respondent, and apply for an interim protection order. These Courts are designed in such a manner to provide immediate protection and relief to victims who approach the Court.  

A domestic relationship implicates that you and the respondent are involved in one of the following ways:   

  • you are married,   
  • you are in the process of getting divorced;  
  • you have children together;  
  • you lived together,   
  • you were in a relationship,   
  • you are related to one another,  
  • or that you and the respondent shared a residence. 

Domestic violence has various forms and can include the following: sexual abuse, physical abuse, stalking, emotional abuse, intimidation, or any other abusive behaviour towards the complainant.

When a person falls victim to abuse and/or harassment from someone with whom he/she does not have a domestic relationship. This includes inter alia neighbours, former friends and even people who have no relationship whatsoever. 

2. Gather Evidence*

Document incidents of harassment or abuse (dates, times, descriptions). Collect any physical evidence (photos, videos, damaged property). Obtain medical reports of any injuries sustained.** Gather witness statements if available.

*Prior to approaching the relevant Court, you need to ensure that you have sufficient documentary evidence relating to the harassment and/or abuse. If you have any proof of the abuse/harassment (WhatsApp’s, emails and/or messages etc.) it is important to print enough copies that proves your allegations. 

**In the event where you were physically abused, you should take proper pictures of the abuse, visit a medical doctor, and request the doctor to complete a medical form that you can attach to your application (this form, a J88, will be given to you by the medical practitioner after they have conducted their examination). The more evidence you have in your possession to substantiate your version, the more likely you are to succeed. 

3. Prepare the Protection Order Application

Complete the application form, providing detailed accounts of the abuse or harassment. Include specific instances of the domestic violence/harassment and the impact they had/have on you.  Make sure the application clearly states the protection you are seeking (interim or final protection).

The first time you approach the Court, you will complete an application (the Court will provide you with the form) setting out all the details relating to the alleged abuse and/or harassment. To make sure that you obtain an interim protection order, you should be very vigilant while drafting your application.

4. Consider Legal Advice

It is advisable to seek legal advice, to make sure that you draft a proper application to enhance your chances for the success of obtaining an interim protection order. The attorney will be able to advise on whether your application has been properly prepared or whether any amendments need to be made. The onus of proof is on the complainant whilst applying, to prove that there are acts of domestic violence (when approaching the Domestic Violence Court) or acts of harassment (when approaching the Harassment Court) and that urgent protection and intervention is required. 

Domestic Violence Helplines:

Stop Gender Violence Helpline:

0800 150 150

Tears Foundation Helpline:

010 590 5920

Any act or threatened act of physical violence towards a complainant.

Any conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant. Lack of consent by the complainant, will be an indication of sexual abuse. 

An act of a pattern of degrading or humiliating conduct towards a complainant, which will include repeated insults, name calling, threats to cause emotional pain or the repeated exhibition of obsessive possessiveness or jealousy, which is such as to constitute a serious invasion of the complainant’s privacy, liberty, integrity or security. 

Economic abuse includes the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant and mortgage bond repayments or payment of rent in respect of the shared residence. It may also include the unreasonable disposal of household effects or other property in which the complainant has an interest. 

Fear is a key aspect of abuse and is generally the way the Respondent controls the complainant. Intimidation, therefore, means the uttering or conveying a threat, or causing a complainant to receive a threat which induces fear. If a complainant does not fear that his/her health, safety or wellbeing is in danger, the Court will most likely not consider the act of the Respondent as domestic abuse. 

Harassment requires the ongoing pattern of conduct that induces the fear of harm to a complainant including repeatedly watching, or loitering outside of or near the building or place where the complainant resides, works, carries on business, studies or happens to be at a specific time, repeatedly making telephone calls or inducing another person to make telephone calls to the complainant (whether or not there is a conversation involved between the complainant and the Respondent), as well as repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, faxes, email or other objects to the complainant. 

Stalking is defined as “repeatedly following, pursuing, or confronting the complainant”.

The wilful damaging or destruction of property belonging to the complainant or which in the complainant has a vested interest. 

The complainant must fear that such conduct by the Respondent, will cause him/her imminent harm. Should the complainant not believe that he/she is in danger, then the complainant should consider approaching the South African Police Services with a criminal charge of trespassing. 

Our Family Law Team

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