How to get a protection order, and keep your evidence safe

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What counts as domestic violence?

Since 14 April 2023 the law is much wider than physical violence. It includes:

• physical and sexual abuse;
• emotional, verbal or psychological abuse;
• economic abuse, such as keeping back money you need for school fees, food, rent or the bond;
• intimidation, harassment and stalking;
• abuse by phone or online: repeated calls or messages, tracking you, getting into your messages, or sharing private or intimate messages or pictures;
• coercive and controlling behaviour, like cutting you off from friends and family;
• damage to property, and entering your home, work or place of study without permission;
• exposing a child to domestic violence.

Who can apply?

You can apply if you are, or were, in a domestic relationship with the abuser. That includes a husband or wife (under any law, custom or religion), a partner you live or lived with, the other parent of your child, a family member, and someone you are or were dating, for any length of time.

• Someone else, like a social worker, doctor, teacher or friend, can apply for you with your written consent (Form 7).
• A child can apply without a parent’s help.

Not in a domestic relationship? If the person is a neighbour, colleague or stranger, apply under the Protection from Harassment Act instead, on Form 2 (J059).

Where and when?

• At the magistrate’s court in the area where you or the abuser live (even for a short time), work, study or do business, or where the abuse happened.
• During court hours, or after hours and on weekends if you may be harmed before the court opens.
• It costs nothing.

Step by step

1. Go to the court and ask for Form 6 (J480). Tell the clerk if it is an emergency.
2. Write down what happened. The form is a sworn statement. Give dates, places and what was said or done. Say which police station you would report a breach to.
3. Attach your proof if you have it: photos, a doctor’s report (J88), screenshots, witness statements.
4. The magistrate looks at it the same day. If there is evidence of abuse and you need protection now, the court grants an interim protection order. The abuser does not need to be there.
5. The order is served. The interim order works from the moment it is served on the abuser.
6. Go back on the return date. This is at least 10 days after service. Both sides can speak, and the court decides whether to make a final order.

What the court can order

A protection order can stop the abuser from:

• committing any act of abuse, or getting someone else to do it;
• entering your home, or part of a shared home;
• coming to your workplace or place of study;
• sharing your private electronic messages.

The court can also order weapons to be taken away, and a police escort so you can collect your things. Where there are children, the court can refuse the abuser contact or set conditions, if that is best for the child. If abusive messages come from an unknown number or account, the court can order the network or platform to give the sender’s details.

If you still live with the abuser, you can ask for a safety monitoring notice (Form 9), so police check on you.

If the order is broken

With every protection order the court also issues a suspended warrant of arrest. It only comes into effect if the order is broken.

1. Take the warrant and a statement about what happened (Form 35) to any police officer.
2. If you may be in danger, the police must arrest the abuser immediately. Otherwise they give a notice to appear in court.
3. You can also lay a separate criminal charge.

Breaking a protection order is a crime: up to 5 years in prison for a first conviction, and up to 10 years after that. Keep your order and warrant with you at all times.

Can I apply online?

The law allows applications to be made electronically, and the Department of Justice lists protection orders on its online services site, dojonline.justice.gov.za. We could not confirm how the online application works at every court. Ask your local court, and in an emergency go in person.

Keeping your evidence safe

Good records can make the difference, both when you apply and if the order is later broken.

Write it down

• Keep dated notes of every incident: the date, time, place, what happened, and who saw it.
• Write it as soon as you can, while it is fresh. Don’t go back and change old notes. Add a new note instead.

Injuries and damage

• If you’re hurt, see a doctor and ask about a J88 form.
• Photograph injuries and damage, with the date.
• Keep damaged clothing and belongings. After a sexual assault, try not to bath or wash your clothes before you are examined.

Messages, calls and social media

• Take screenshots of the full conversation, not just one message. Make sure the date, time and the sender’s name or number show.
• Keep the original phone or device, and don’t delete the messages from it.
• Keep a list of calls with dates and times.
• Courts can accept screenshots, but may want other proof as well.

Store it where the abuser can’t reach it

• Back up your evidence on a phone or account the abuser can’t open.
• Change the passwords on email and cloud accounts the abuser may know.
• Check that a shared phone, tablet or computer isn’t syncing your photos or messages to them.
• Give copies to someone you trust.

An escape bag

The Department of Justice suggests keeping a bag ready with your ID, a certified copy of your protection order, birth certificates, medical records, grant cards, keys and some money.

Where to get help

• SAPS emergency: 10111
• GBV Command Centre (24 hours): 0800 428 428, or dial *120*7867# for a call back
• Legal Aid South Africa: 0800 110 110 (weekdays, 7am to 7pm)

General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 27 September 2026, but the law and court practice change, and every case is different. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.