How to apply for a protection order

If you are in danger right now, phone the police on 10111. The GBV Command Centre on 0800 428 428 is free and answers day and night, and you can also dial *120*7867# from a cellphone. Do not wait for a court to open before you make yourself safe.

A protection order is a court order under the Domestic Violence Act 116 of 1998 that tells someone to stop abusing you and can attach conditions to keep them away from you. You apply at the clerk of the court at any Magistrates' Court. It costs nothing, you do not need an attorney, and a magistrate can grant an interim order on the day you apply.

Who can apply, and for what kind of abuse

The Domestic Violence Act applies where there is a domestic relationship. That is wider than most people expect. It covers married and formerly married couples, people in a customary or religious marriage, people who are or were in a dating or engagement relationship, people who live or lived together, family members, and people who share a child.

Abuse under the Act is not only physical. It includes sexual abuse, emotional, verbal and psychological abuse, economic abuse such as withholding money you are entitled to, intimidation, harassment, stalking, damage to property, and entering your home without your consent.

You can apply for yourself. Another person, such as a social worker, a counsellor, a teacher or a relative, can apply on your behalf with your written consent. A child can apply without the assistance of a parent or guardian.

If the person harassing you is not in a domestic relationship with you, for example a neighbour, a colleague or a stranger online, the Protection from Harassment Act 17 of 2011 provides a similar order through the same court. Tell the clerk what the relationship is and they will point you to the right form.

Where to go

Go to the clerk of the court at a Magistrates' Court. You can use the court in the area where you live or work, where the other person lives or works, or where the abuse happened. Ask for the domestic violence clerk.

Applications can be brought outside ordinary court hours in urgent cases, so if the abuse happens at night or over a weekend, ask the police station or the court about the after hours process rather than waiting until Monday.

What to take with you

You do not need any of this to apply, and you should not delay if you have none of it. But the more you can bring, the stronger the application:

• Your identity document, or any identification you have.
• The other person's full name, address, and workplace if you know them.
• Dates and descriptions of what happened, in order. Write them out beforehand if you can.
• Photographs of injuries or damage.
• A J88 medical form or any medical or hospital records.
• Screenshots of messages, call logs or social media posts.
• Any police case number from previous incidents.
• Names and contact details of anyone who saw what happened.

What happens on the day

You complete an application form and an affidavit, which is a sworn statement setting out the abuse. The clerk will help you fill these in. Be specific. Dates, words used, injuries and threats matter more than general descriptions.

The papers go to a magistrate. If the magistrate is satisfied that there is evidence of domestic violence and that you may suffer undue hardship if the order is not granted immediately, the magistrate can issue an interim protection order the same day, without hearing the other person first.

The interim order is served on the other person, usually by the sheriff or the police, together with a notice to appear in court on a return date. Until that date the interim order is already in force and must be obeyed.

On the return date both of you can be heard. If the court is satisfied on the evidence, it makes a final protection order. If you do not go to court on the return date, the order can lapse, so diarise it.

What the order can actually do

A protection order can prohibit the other person from committing further abuse, from getting anyone else to do it, and from contacting you at all. Beyond that, a court may also:

• order the person to leave the shared home, even if the home is in their name
• prohibit them from coming near your home, your workplace or your children's school
• order the police to seize any firearm or dangerous weapon
• order emergency monetary relief, which is a short term payment towards things like rent, medical expenses or school fees
• attach conditions about contact with the children, without replacing a full parenting arrangement

Ask for what you actually need. If your safety depends on the person not coming to your workplace, say so in the affidavit.

What happens if the order is broken

A warrant of arrest is issued at the same time as the protection order and is suspended. Keep it with the order, and keep a copy on your phone.

If the person breaches the order, go to the police with your copy of the order and the warrant and make a statement setting out what happened. Breaching a protection order is a criminal offence. The police can arrest the person, and a breach is prosecuted separately from the order itself.

Police must also assist you at the scene. An officer is required to give you a written notice explaining your rights and to help you find a place of safety and medical treatment if you need them.

Practical safety points

Keep a copy of the order with you and give one to your employer, your children's school and a trusted neighbour. Keep a written log of every incident, with dates and times. Save messages rather than deleting them.

If you need shelter, the GBV Command Centre on 0800 428 428 can refer you, and social workers at the court can too. If you also need advice about divorce, the children or maintenance, Legal Aid South Africa on 0800 110 110 is free if you qualify on the means test.

A protection order is a piece of paper and it does not make anyone safe on its own. Treat it as one part of a safety plan, not the whole plan.