Domestic violence is a serious crime in South Africa, and the law provides significant protections for victims. If you or someone you know is experiencing domestic violence, it is important to act — and to know that legal help is available, often at no cost. This guide explains your rights and the protections available under South African law.
What is Domestic Violence Under South African Law?
The Domestic Violence Act 116 of 1998 (DVA) defines domestic violence broadly. It covers not just physical abuse, but also:
- Sexual abuse
- Emotional, verbal, and psychological abuse — including threats, humiliation, and isolation
- Economic abuse — controlling a person’s access to money or resources
- Intimidation and harassment
- Stalking
- Damage to property
- Entry into a shared home without consent
The DVA applies to people in a domestic relationship — which includes spouses, partners, family members, people sharing a residence, and people in (or who have been in) a dating relationship.
Protection Orders: Your Most Powerful Tool
A protection order is a court order that prohibits the abuser from committing further acts of domestic violence. It is one of the most important legal tools available to survivors.
How to Apply for a Protection Order
- Go to your nearest Magistrate’s Court and ask for a DVA application form
- Complete the form describing the abuse (you will be assisted if needed)
- The magistrate can grant an interim protection order the same day, without the abuser being present
- The interim order is served on the abuser by the police
- A return date is set for both parties to appear, after which a final protection order may be granted
The process is free of charge and you do not need an attorney, though having one can help. Courts are obligated to assist you.
What Does a Protection Order Do?
A protection order can:
- Prohibit the abuser from contacting or coming near you
- Order the abuser to leave the shared home
- Order the police to accompany you to retrieve your belongings
- Include provisions about child contact
Breaching a protection order is a criminal offence punishable by a fine or imprisonment. Call the police immediately if the order is violated.
What to Do in an Emergency
- Call 10111 (SAPS) immediately if you are in danger
- Contact the Gender-Based Violence Command Centre: 0800 428 428 (free, 24/7)
- Reach Lifeline South Africa: 0861 322 322
- Go to the nearest police station — police are obligated to assist you under the DVA
Criminal Charges Against the Abuser
Acts of domestic violence that constitute crimes (assault, rape, malicious damage to property) can also be reported to the police as criminal matters. The National Prosecuting Authority has specialist Sexual Offences and Community Affairs (SOCA) units that handle gender-based violence cases.
What About Child Protection?
If children are being abused or witnessing domestic violence, you can also contact the Department of Social Development or report to the South African Police Service. Children have the right to be protected under the Children’s Act 38 of 2005.
You Are Not Alone — Get Legal Help
You do not have to face domestic violence alone. If you need help applying for a protection order, understanding your legal options, or taking steps to protect yourself and your children, contact Attorneys SA. We handle domestic violence matters with urgency, sensitivity, and confidentiality.