Domestic Violence Attorneys Benoni
                     DOMESTIC 
VIOLENCE AND 
PROTECTION 
ORDERS
Domestic Violence in South 
Africa is regulated by the 
Domestic Violence act 118 of 
1998
DOMESTIC VIOLENCE AND PROTECTION ORDERS
Domestic Violence or Domestic Abuse takes on various forms and the act of 
domestic violence may be committed in a variety of domestic relationships. 
The forms of Domestic Violence may include physical abuse, sexual abuse, 
emotional, verbal and psychological abuse, intimidation, harassment, 
stalking, damage to property, entry into the complainant’s house without 
consent, where the parties do not share the same residence, or any other 
controlling of abusive behaviour towards the complainant.
Domestic violence includes any form of harm perpetrated against a 
complainant that can cause imminent harm to the safety, health or 
wellbeing of the Complainant.
There are two types of orders available to people that are abused, namely a 
Protection Order and a Harassment Order.
WHAT IS A PROTECTION ORDER?
A Protection Order is a Court Order, issued by a Magistrate, 
wherein the perpetrator of the domestic violence is ordered 
not to commit acts of domestic violence (abuse) against the 
Complainant. This order is valid and applicable throughout 
the whole of South Africa, regardless of which court grants it 
to you.
WHEN CAN A COMPLAINANT APPLY FOR A PROTECTION ORDER?
The Complainant may approach the Court if 
they feel that the Respondent committed or 
may commit an act of domestic violence.
HOW TO OBTAIN A PROTECTION ORDER?
As the ‘complainant’ you will have to make a sworn statement known 
as an affidavit and complete an application form at your nearest 
police station. Protection order applications do not have to be made 
by the complainant in a matter exclusively but may be brought 
forward by any other person who may have an interest in the matter. 
This may include a social worker, a counsellor, a teacher, a health 
service provider or a member of the police service.
You will need to have your full details such as your name, ID number, 
address, phone number and address for your place of work. The 
details of the person you are applying for a protection order should 
you have them would also be beneficial to you as it assists the court 
and the police in carrying out the process.
YOU SHOULD BE ABLE TO EXPLAIN THE KIND OF ABUSE YOU 
HAVE ENDURED AND BE ABLE TO SAY WHY YOUR 
APPLICATION IS URGENT, THIS CAN BE DONE BY EXPLAINING 
WHY YOU MAY SUFFER WITHOUT THIS RELIEF.
If you are able and these facilities are accessible to you before you 
apply, then photographs, sworn affidavits by witnesses and 
doctor’s letters should be brought along as well.
Your affidavit may be accompanied by supporting affidavits by 
people who are aware of the matter. The documents must then be 
delivered to the clerk of the nearest court and the application will 
be as soon as reasonably possible considered by the court.
The court being satisfied that there is sufficient evidence that the 
suspect has indeed committed or is committing said acts of 
domestic violence, the court will issue an interim protection order 
in favour of the complainant against the respondent.
THIS ORDER MUST BE SERVED ON THE RESPONDENT FOR IT TO 
HAVE FORCE AND EFFECT.
Interim orders are intended to bring immediate relief and 
protection to the complainant on a temporary basis until a final 
order from the court is issued which will be no sooner than the 
return date when the complainant and respondent are to appear 
before the court where the respondent may make representations 
as to why the protection order should not be finalised.
The respondent not appearing in court, with the court being 
satisfied that there is sufficient evidence to grant the final 
protection order and sufficient notice has been given to the 
respondent, has the effect that the court may grant the final 
protection order on the return date.
DOMESTIC VIOLENCE COURT
The Domestic Violence Act refers to “the court” and in 
doing so it points towards any Magistrate’s Court for a 
district. There will be a ‘domestic violence’ section 
found in the magistrate’s court. You can ask to be 
directed to the domestic violence clerk’s office where 
you can be assisted.
ACCORDING TO THE DOMESTIC VIOLENCE ACT, DOMESTIC VIOLENCE MEANS:
― – Physical abuse (meaning any act or threatened act ― Harassment (meaning engaging in a pattern of 
of physical violence towards a complainant); conduct that induces the fear of harm to a complainant 
― – Sexual abuse (meaning any conduct that abuses, including – repeatedly watching or loitering outside of or 
humiliates, degrades or otherwise violates the sexual near the building or place where the complainant 
integrity of the complainant); resides, works, carries on business, studies or happens 
to be; repeatedly making telephone calls or inducing 
―  Emotional, verbal and psychological another person to make telephone calls to the 
abuse (meaning a pattern of degrading or humiliating complainant, whether or not conversation ensues; and 
conduct towards a complainant possibly through repeatedly sending, delivering or causing the delivery of 
repeated insults, ridicule, name calling, threats or letters, telegrams, packages; facsimiles, electronic mail 
exhibition of obsessive possessiveness or jealousy that or other objects to the complainant);
seriously invades the complainant’s privacy, liberty, 
integrity or security); ― Stalking (meaning repeatedly following, pursuing or 
accosting the complainant);
― Economic abuse (this firstly includes the unreasonable 
deprivation of economic resources to which a ― Damage to property (meaning the wilful damaging or 
complainant is entitled under law or requires by destruction of property belonging to a complainant or in 
FnOecesRsityM whicSh m aOy poFssi bDly inOcludMe houEseSholdT IC VIwOhichL thEe cNompClainEant has a vested interest);
necessities for the complainant, mortgage bond ― entry into the complainant’s residence without 
repayments or payment of rent in respect of shared consent, where the parties do not share the same 
residence. residence;
― Secondly this definition also includes the unreasonable ― any other controlling or abusive behaviour towards 
disposal of household effects or other property in which a complainant
the complainant has an interest);
― Intimidation (meaning uttering or conveying a threat, 
or causing a complainant to receive a threat, which 
induces fear);
DOMESTIC VIOLENCE AND GENDER-BASED VIOLENCE
Gender-based violence (GBV) is a term that broadly encompasses the 
violence that comes about due to the disparities found within power 
relationships along the line of gender within a specific society.
Most of the different forms of violence found in a society, for the sake 
of this article focusing on domestic violence, fall under the umbrella 
definition of GBV as often times these acts of violence upon 
investigation are gendered in nature.
Interpersonal acts of violence are most often perpetrated by men 
against women and children.
Intimate partner violence (IPV) is the most prevalent form of GBV and 
is perpetrated by an intimate partner or spouse (this includes those 
that may be former intimate partners as well) and it does occur within 
same-sex relationships as well as heterosexual ones.
DOMESTIC VIOLENCE GROUPS AND ORGANISATIONS
JOKO has provided a page that contains a list of 
organisations along with their descriptions that 
look to end the scourge of domestic and gender-
based violence in South Africa.
https://www.joko.co.za/en/end-the-
silence/organisations-that-can-help.html
DOMESTIC VIOLENCE STATISTICS IN SOUTH AFRICA
In South Africa there are some very alarming 
statistics that emerge when one looks into 
domestic violence. As a country seven women are 
killed daily and 40-50% of men have admitted 
that they have been perpetrators of physical 
partner violence.
According to StatsSA, almost 50% of the assaults 
were committed by someone close such as a 
friend (22%), an intimate partner or spouse 
(15%), a household member or relative (13%) in 
2018/19.
Women who are separated or divorced found 
themselves more likely than their currently 
married, never married, and widowed 
counterparts to have ever experienced physical 
(40%) or sexual violence (16%) in 2016.
POSSIBLE JAIL TIME IN TERMS OF A PROTECTION ORDER.
Should an abuser do anything that goes against or ‘contravenes’ the protection order 
that is in place then it is advisable that you immediately go to the police station or 
contact the police by phone and report the the situation to them.
The police will have you make an affidavit in which you will be asked to explain when 
and how the contravention occurred.
There are generally three circumstances in which the police will have to arrest the 
abuser and those include the circumstance where not a lot of time has passed 
between when you reported the incident and when the incident actually occurred, 
when the police reasonably believe that the abuser is going to continue abusing you 
which may lead to serious harm being caused and when the police believe that the 
contravention was of a serious nature.
The above is not to say that if you feel unsafe but not in a situation that fits any of the 
mentioned circumstances, there is nothing you or the police can do about it.
Your abuser contravening the protection order should always be quickly reported and 
if the police do not arrest them then they must provide them a notice to appear in 
court for the contravention of the protection order.
THE POLICE ARE ALSO IN POSSESSION OF A ‘SUSPENDED’ WARRANT 
OF ARREST FOR YOUR ABUSER UPON GRANTING OF A FINAL 
PROTECTION ORDER.
This warrant is kept in case your abuser contravenes the protection order and 
the police reasonably believe one of the three above mentioned circumstances 
apply to you.
Take note however that it will be your personal responsibility to return to the 
court for another warrant should the one issued ‘terminate’.
Termination of an arrest warrant takes place when it is either destroyed, lost, or 
used to have the abuser arrested when they are in contravention of your 
protection order.
Every time your warrant terminates you will have to revert to the court to make 
an affidavit where you explain that your previous warrant has terminated, and 
you request a new one to protect yourself.
The contravention of a protection order is a crime which carries a maximum 
prison sentence of 5 years, the imposition of a fine, or both. This proceeding 
would be heard in a criminal court in front of a magistrate.
DOMESTIC VIOLENCE LAWS IN SOUTH AFRICA
South Africa has in place other pieces of 
legislation, aside from the Domestic Violence Act, 
that seek to curb the occurrence of violence and 
more specifically domestic and gender-based 
violence.
SECTION 12 OF THE CONSTITUTION PROVIDES EVERYONE 
THE RIGHT TO FREEDOM AND SECURITY ALONG WITH THE 
RIGHT TO BODILY AND PSYCHOLOGICAL INTEGRITY.
It is enshrined in Section 28 of the Constitution 
that every child has the right to be protected from 
maltreatment, neglect, abuse, degradation or 
exploitative labour practices and to be protected 
during times of armed conflict.
The legislature has also promulgated the 
Protection from Harassment Act which sets out 
the meaning of sexual harassment which consists 
of unwelcome sexual attention from a person who 
is aware or ought reasonably to be aware that 
such attention is unwelcome, amongst other 
points.
HOW TO SET ASIDE A PROTECTION ORDER
Protection orders can be used on several different occasions for several years without being 
terminated. The order will only be stopped when you as the complainant and person the order 
is in favour of, goes to court and cancels or withdraws it.
The court also has the power to set the protection order aside. The respondent or person 
against whom a domestic violence order was granted is able to apply to the court that the 
order be set aside but this cannot happen until the court is satisfied that you have been 
notified to come to court where the application to set the order aside will be heard.
You can have peace of mind that your abuser will not be able to tamper or interfere with your 
order without you knowing about it.
If you would like to amend or change the terms of the order, then an application to the clerk 
of the domestic violence office at the magistrate’s court can be made. This amendment may 
include things such as a change in residence or premises of employment.
Domestic Violence Orders are possibly the most abuse legislation is South Africa, and many 
Parties abuse these orders to facilitate certain outcomes – mostly in divorce matters.
If you need assistance with a Domestic Violence Application or with a Rescission of a 
Domestic Violence Application, contact us.  We will explain your rights and obligations to you 
in a clear way.
Learn more 
about:
ADD A SLIDE TITLE - 2
https://www.martinvermaak.co.za/services/d
omestic-violence-and-protection-orders/