Domestic violence or sexual harassment may be prohibited by law through the use of a protection order, stating what type of behaviours the accused cannot repeat.

The Domestic Violence Act 116 of 1998 allows for you to receive a protection order, which can be used to keep your ex or other person who has threatened you from continuing. If that person doesn’t abide by the stipulations of the protection order, he or she can be arrested. Once a protection order is granted, it is enforceable everywhere in South Africa.

Following the basic steps outlined below, The Act allows one to petition for their own protection order

Firstly, there must be a domestic relationship between the parties. This is determined broadly under the Act and accommodates a variety of domestic relationships, such as non-married couples, who have a relationship akin to that of a married couple. These could include romantic partners (past or present), members of the family, and persons living in the same home even if they’re not involved romantically.

If you are in a domestic relationship, you need to show the conduct meets the statutory definition of domestic violence, which may include physical abuse, sexual abuse, emotional abuse, verbal abuse, psychological abuse, intimidation, stalking, and harassment.

The government requires that all Magistrates Courts in South Africa have provisions for granting protection orders, and some regions have specialist courts dedicated specifically to cases of domestic violence.

To apply for a protection order, first go to the appropriate court and fill out the appropriate application form. Explain your reasons for the order. Then complete and send to the court, arranging the commissioning of the forms through your local police station if necessary. Supporting affidavits by those who know about the issue in question may be appended to the application.

It’s not only the victim of a crime who can seek a protection order. They can be filed on behalf of the victim by any other person who is concerned about the victim’s well-being. These professionals include a therapist, health care providers, social workers, teachers, and members of the police force.

Requesting the protection order

To determine whether to grant the order or not, you will be asked to appear before a magistrate to tell the court why you are requesting the protection order. The Magistrate can then decide either:

Refuse to grant any order if there are no grounds for one; as an alternative

issuing a notice to show cause without issuing an interim protection order. An appearance date will be set for the other party to also appear in court and provide reasons for the protection order not being made final or

an interim protection order should be granted. An interim protection order has already been issued, and the other party will also receive notice of it, as well as a court date by which the other party must provide reasons why the protection order should not become final

The protection order will prevent the respondent from

1. committing any specified act of domestic violence/sexual harassment;
2. entering the joint residence or entering a specific part of the residence;
3. entering the victim’s residence if they are not living together;
4. entering the victim’s place of employment/office;
5. having contact with a child or children, if it is in the best interest of the child

If a protection order is granted, and the party it is granted against contravenes it, you can approach your nearest police station with the order and information on how they contravened it. They can then be charged with the offence of contravention of a protection order, and if it was proved beyond a reasonable doubt in court, can be imprisoned or detained pending sentencing, as the protection order document constitutes a warrant for their arrest.

It is also possible to request a protection order under the Protection from Harassment Act 17 of 2011. Under the Act, harassment includes direct or indirect conduct which the respondent should know or ought to know would be harmful to the complainant and engaging in any communication aimed at the complainant, whether or not a conversation takes place. Complainants do not need to be in any sort of relationship with the respondent to make a complaint.