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How to Get a Protection Order in South Africa: Your Complete Legal and Safety Guide

When you’re facing abuse or harassment, knowing your legal rights can save your life. A Protection Order gives you the […]

When you’re facing abuse or harassment, knowing your legal rights can save your life. A Protection Order gives you the power to take legal action against an abuser — ensuring safety, dignity, and peace of mind.

At Mosaic – Training, Service & Healing Centre for Women, we work daily with survivors of Gender-Based Violence (GBV) and Intimate Partner Violence (IPV), guiding them through the Protection Order process with care and understanding.

This article explains everything you need to know — from where to apply to what happens after your order is granted.

What Is a Protection Order?

A Protection Order is a legal document issued by the court to stop someone from committing acts of domestic violence or harassment.
It can prevent the abuser from:

  • Physically or verbally harming you
  • Contacting or intimidating you
  • Entering your home, workplace, or school
  • Destroying your property
  • Controlling your finances or movement

Once granted, the order is legally binding, and if the abuser violates it, they can be arrested immediately.

Who Can Apply for a Protection Order?

You can apply for a Protection Order if you are experiencing any form of abuse in a domestic relationship, including:

  • Spouses, partners, or ex-partners
  • Family members
  • People living together
  • Parents and children

The Domestic Violence Act 116 of 1998 protects you even if you are not married or still live with your abuser.

What You Can Include in a Protection Order

Your Protection Order can ask the court to:

  • Stop the respondent from committing any form of abuse
  • Prevent the respondent from entering your home or workplace
  • Order police to seize weapons or firearms
  • Require financial support or temporary custody arrangements

Mosaic’s court support staff can help you draft the correct requests and explain your rights in plain language.

Where to Apply for a Protection Order

You can apply at your nearest Magistrate’s Court in South Africa.
In Cape Town, Mosaic works closely with:

  • Wynberg Magistrate’s Court
  • Cape Town Magistrate’s Court
  • Mitchells Plain Magistrate’s Court
  • Khayelitsha Magistrate’s Court

Each court has a Domestic Violence Office, where officials will help you complete your application.

Step-by-Step: Applying for a Protection Order

 

1. Go to the Court

Visit the Domestic Violence Office at your nearest Magistrate’s Court and ask for an Application for a Protection Order (Form 2).

2. Complete the Form

Describe the incidents clearly — include dates, locations, and types of abuse. Provide any evidence such as messages, photos, or witness statements.

3. Submit the Application

A Magistrate will review your case. If urgent, an Interim Protection Order may be granted the same day.

4. Serving the Order

Police will deliver (serve) the Interim Order and court date to the respondent.

5. Attend the Hearing

Both parties attend court. If the Magistrate finds enough evidence, a Final Protection Order will be issued.

Types of Protection Orders

Interim Protection Order

A temporary order that provides immediate safety before your full hearing.

Final Protection Order

Issued after your court hearing and remains in effect indefinitely, unless changed by the court.

How Mosaic Can Support You

At Mosaic, we believe no one should face this process alone.
Our Legal Support Team helps survivors navigate the court system confidently and with dignity.

We assist by:

  • Helping you fill out court forms
  • Accompanying you to court
  • Providing emotional counselling and safety planning
  • Referring you to shelters if needed
  • Offering long-term empowerment programs for survivors

We also provide training and education for communities to break the cycle of violence before it begins.

Common Questions About Protection Orders

Is it confidential?

Yes. All Protection Order applications are confidential, and court staff handle your information with care.

What if the abuser ignores the order?

You can report the violation immediately to SAPS. The abuser can be arrested and charged.

Do I need a lawyer?

No. You can apply for a Protection Order without legal representation — but Mosaic can assist and support you throughout the process.

Is there a cost?

No, it is completely free to apply for a Protection Order in South Africa.

Know Your Rights – Take the First Step Today

A Protection Order is not just a legal document — it’s a lifeline that restores safety and control to survivors of abuse.

At Mosaic, we walk beside you from the moment you decide to act. You are not alone, and you deserve to live free from fear and violence.

Contact Mosaic

Mosaic – Training, Service & Healing Centre for Women
Cape Town, South Africa
Tel: 021 761 7585
Website: https://mosaic.org.za/

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