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Gender-Based Violence (GBV) and Intimate Partner Violence (IPV) remain serious issues in South Africa. Knowing your legal rights and understanding the Protection Order process can be the first step towards safety and justice.
At Mosaic – Training, Service & Healing Centre for Women, we’ve created this comprehensive Protection Order Guide to help you understand what a Protection Order is, how it works, where to go, and what to expect every step of the way
What Is a Protection Order?
A Protection Order, also known as a Restraining Order, is a legal document issued by the court to protect a person from harassment, abuse, or threats. It prevents the abuser (the respondent) from committing specific acts of domestic violence, such as physical, emotional, sexual, or economic abuse.
The Protection Order is governed by the Domestic Violence Act, 116 of 1998, which aims to protect anyone in a domestic relationship — including partners, family members, and cohabitants — from violence and intimidation.
Why a Protection Order Matters
A Protection Order:
- Provides legal protection from further abuse or harassment.
- Allows police enforcement if the respondent violates the order.
- Offers peace of mind and safety for victims and their families.
- Is an important legal step in breaking the cycle of abuse.
At Mosaic, we empower survivors to take these steps safely, offering both legal support and emotional counselling.
Who Can Apply for a Protection Order?
You can apply for a Protection Order if you are experiencing any form of domestic violence, including:
- Physical abuse (assault, pushing, slapping)
- Emotional or psychological abuse (threats, humiliation, controlling behavior)
- Sexual abuse
- Economic abuse (controlling access to money or resources)
- Harassment or stalking
- Damage to property
- Any other controlling or abusive behavior
If you are in immediate danger, you can apply for an interim Protection Order that takes effect immediately.
Types of Protection Orders
There are two main types of Protection Orders in South Africa:
1. Interim Protection Order
An Interim Protection Order is granted urgently when the court believes you need immediate protection. It is temporary and issued before the respondent (the abuser) appears in court.
2. Final Protection Order
A Final Protection Order is issued after the court hearing when both parties have had the chance to present their case. This order remains in effect until it is officially cancelled by the court.
Where to Apply for a Protection Order
You can apply for a Protection Order at your nearest Magistrate’s Court in South Africa.
In Cape Town, Mosaic provides guidance and support at courts such as:
- Wynberg Magistrate’s Court
- Cape Town Magistrate’s Court
- Mitchells Plain Magistrate’s Court
- Khayelitsha Magistrate’s Court
If you’re unsure where to go, Mosaic staff can accompany and assist you through the entire process.
Step-by-Step: How to Apply for a Protection Order
Step 1: Visit the Magistrate’s Court
Go to the Domestic Violence Office at your nearest court and request an Application for a Protection Order (Form 2).
Step 2: Complete the Application
Explain your situation clearly and truthfully. Include all incidents of abuse — physical, verbal, or emotional — and provide any evidence (messages, photos, witnesses).
Step 3: Court Review and Interim Order
A Magistrate will review your application. If urgent protection is needed, you will be granted an Interim Protection Order immediately.
Step 4: Serving the Order
The South African Police Service (SAPS) will serve the Interim Protection Order to the abuser (respondent).
Step 5: Court Hearing
You and the respondent will be given a hearing date. During the hearing, the Magistrate decides whether to issue a Final Protection Order.
Step 6: Violation of the Order
If the respondent disobeys the order, report it to the nearest police station immediately. Breaching a Protection Order is a criminal offence.
Documents You’ll Need
When applying, take the following:
- Your South African ID or passport
- Address of the respondent
- Evidence of abuse (texts, photos, medical records, witnesses)
- Any previous case numbers or police reports (if available)
How Mosaic Can Help You
At Mosaic, we understand that seeking protection can be overwhelming. Our trained staff offer free legal advice, emotional support, and assistance throughout the process.
We can help you:
- Complete court documents
- Prepare for your hearing
- Connect with counsellors and social workers
- Ensure your safety plan is in place
- Access shelter services, if needed
Our mission is to support women and children through trauma, ensuring safety, healing, and justice.
Common Questions About Protection Orders
Is a Protection Order free?
Yes. Applying for a Protection Order is free of charge at all Magistrate’s Courts in South Africa.
How long does it take?
An Interim Protection Order can be granted the same day, depending on urgency. The final hearing may take a few weeks.
Can men also apply?
Yes. Anyone — regardless of gender — experiencing domestic violence can apply for a Protection Order.
What if I live with my abuser?
You can still apply for a Protection Order. The court may include clauses about shared residence or financial arrangements.
Mosaic: Your Partner in Protection and Healing
Mosaic has been at the forefront of Gender-Based Violence (GBV) prevention and support in Cape Town for over two decades.
We work closely with local courts, the Department of Justice, and communities to ensure survivors have access to justice, safety, and empowerment.
If you or someone you know is facing abuse, you are not alone.
Reach out to Mosaic — we’re here to help.
Contact Mosaic
Mosaic Training, Service & Healing Centre for Women
Cape Town, South Africa
Tel: 021 761 7585
Website: https://mosaic.org.za/
