Domestic Violence Protection Orders: Step-by-Step Guide

Understand how to prepare, file, and enforce a Domestic Violence Act protection order, including interim orders and safety measures.

Published 2025/09/26

4 topics covered

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Experiencing immediate danger? Call 10111 or head to your nearest SAPS station before you start paperwork. The Domestic Violence Act puts survivor safety first.

Domestic Violence Act protection orders at a glance

Section 4(1)(b) of the Domestic Violence Act 116 of 1998 lets survivors lodge a protection order in person with the clerk of the magistrates' court or electronically, even after hours for urgent matters. Section 5 obliges the court to consider the papers as soon as reasonably possible and issue an interim order when harm is likely, while Section 3 compels peace officers to connect you with medical care, shelters, and information about criminal complaints.

Section 3(3)(b)(i)-(iv)

Police obligations

Clerk or e-mail per s4(1)(b)

How to submit

>=10 days post-service (s5(5))

Return hearing

Issued with every order (s8(1)(a))

Automatic warrant

Protection order workflow

Checklist

Complete these actions

Prioritise safety and contact SAPS; request the prescribed information list (s3(3)(b))
Gather incident details, digital evidence, and supporting affidavits from witnesses (s4(6))
Complete the prescribed application and lodge it with the clerk or via the court's electronic address (s4(1)(b))
Ask the clerk to confirm capture on the integrated repository and the assigned case number (s4(7))
Attend the interim application. The magistrate can grant an ex parte order if harm is likely (s5(2))
Ensure the sheriff or peace officer serves the order and return of service is uploaded (s5(3)-(4))
Prepare for the return date (>=10 days). Bring evidence, witnesses, and safety plan updates for the final order hearing (s5(5))

0 of 7 completed

Evidence that strengthens your case

Attach clear, dated evidence such as medical reports, screenshots of electronic communications, voice notes, sworn statements from neighbours, and proof of previous police call-outs. The 2021 amendment recognises digital harassment, so capture messages before the respondent can delete them.

Statutory touchpoints in a protection order

Data shows how many discrete statutory actions each section requires. Use it to brief clients and partners on responsibilities.

After the interim order is served

Ask for a certified copy of the interim order and the suspended warrant of arrest. Keep them on your phone and in a safe place. Section 5(8) also directs the clerk to forward copies to your chosen police station - confirm they have it on file and note the case number.

Working with a support network? Share our amendment explainer so they understand the new electronic processes.

If the respondent breaches the order

Bring the suspended warrant and an affidavit describing the breach to SAPS immediately. Section 8 allows arrest on the spot for non-compliance. Request a fresh warrant if the original is executed or lost - courts must issue another upon affidavit.

People who can help you navigate court

Clerk of the court

Explain relief, capture applications, and send you alerts when orders are issued.

Take ID, proof of residence, and any case docket numbers. Confirm your e-mail and mobile details for updates.

Contact LekkerLaw support

SAPS Domestic Violence Desk

Mandatory assistance includes medical transport, safety planning, and serving orders (s3).

Request the prescribed shelter and health facility list. Keep officer names and OB numbers for follow-up.

Suggested infographic: flowchart showing SAPS duties at the scene.

Family Advocate or social worker

Courts may order investigations where children are affected (s5(1A)).

Prepare school reports, medical notes, and parenting plans to support best-interest assessments.

Legal representative

Not compulsory, but helpful for contested returns, cross-examination, and drafting final terms.

Bring them into the process early so they can liaise with the clerk about timelines and service proof.

Match with a domestic violence lawyer

Frequently Asked Questions

Sources

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