Understanding the Power of Protection Orders in Combating Gender-Based Violence

Gender-based violence continues to be one of the most urgent and devastating challenges facing South Africa. Its impact extends beyond the immediate harm inflicted on survivors, affecting families, workplaces, and entire communities. As today marks a significant day for South Africa, where we are all consciously taking a stand against Gender Based Violence rather than simply posting our support for this movement, we have decided that it may serve the greater community to also highlight the legal mechanisms available to protect those at risk.

First and foremost amongst those remedies is a protection order -  a remedy that can serve both as a shield against further harm and as a reaffirmation of a survivor’s rights, safety, and dignity.

What a Protection Order Really Is

A protection order is a formal directive issued by a court requiring the respondent (the person accused of committing abuse) to refrain from engaging in specific harmful conduct. Far from being a mere administrative document, it carries the full authority of the law. Once granted and properly served, it binds the respondent nationwide, with any violation amounting to a criminal offence and empowering the police to take decisive action, including arrest where permitted. The purpose is simple but profound: to provide survivors with immediate and ongoing protection in circumstances where they may otherwise be unsafe.

A Broad Legal Understanding of Domestic Violence

The Domestic Violence Act 116 of 1998 recognises that abuse takes many forms, and the law reflects this complexity. Domestic violence is defined broadly to include physical, emotional, psychological, sexual, and economic abuse, as well as intimidation, harassment, stalking, and damage to property. This broad definition ensures that the law captures patterns of coercive and controlling behaviour that may not leave physical injuries, but which profoundly undermine a person’s autonomy and security. By acknowledging these varied forms of harm, the Act offers meaningful protection to survivors whose experiences may otherwise go unseen or unaddressed. 

Who May Apply for a Protection Order

One of the strengths of the protection order system is its accessibility. Any person who is being or has been subjected to domestic violence may bring an application, regardless of their living arrangements or marital status. Minors may apply independently, recognising their particular vulnerability. In circumstances where the victim cannot apply personally due to fear, incapacity, or immediate danger, a social worker, counsellor, teacher, health practitioner, or police officer may apply on their behalf. Importantly, the law ensures that these applications are made with proper consent or in the best interests of the victim, ensuring both protection and respect for personal agency.

 Interim and Final Protection Orders

The law distinguishes between interim and final protection orders, each serving a different but complementary purpose. An interim protection order may be granted urgently, without notifying the respondent in advance, where the court is satisfied that the complainant faces imminent harm. This allows the court to act swiftly in situations where delay could have serious consequences. Once served, the interim order remains effective until the return date, where both parties appear before a magistrate. After considering the evidence, the court may confirm the order as final. A final protection order does not lapse with time; it remains in force until the court, upon application, varies or sets it aside.

Relief Available Under a Protection Order

The relief that a court may grant is intentionally flexible to accommodate different circumstances. Orders may prohibit abusive conduct, prevent the respondent from approaching the complainant’s home or workplace, or regulate contact with children. Courts may also grant emergency financial relief, such as covering medical expenses, relocation costs, or loss of income arising from the abuse. Where weapons are involved, the court may direct the seizure of firearms or impose further restrictions to ensure the complainant’s safety. This tailored approach ensures that the remedy is not merely punitive, but practical and responsive.

The Application Process

Applying for a protection order is designed to be accessible and survivor-focused. Individuals may attend any magistrate’s court (including after hours in urgent cases) to complete the prescribed forms and depose to a sworn affidavit. No attorney is required, and there are no court fees. Once submitted, the application is considered promptly by a magistrate, who may issue an interim order if the circumstances warrant urgent protection. The return date hearing provides both parties an opportunity to be heard, with the magistrate ultimately determining whether a final order should be granted. Proceedings may be held in private to preserve the complainant’s dignity and security.

Why Protection Orders Matter

Protection orders are a vital component of South Africa’s broader strategy to combat gender-based violence. They offer survivors not only physical protection, but also a clear affirmation that the law stands firmly against abuse. By recognising the full spectrum of harmful behaviours and providing accessible, meaningful remedies, the legal system empowers individuals to reclaim their safety and autonomy.

As a firm committed to upholding justice and promoting the protection of vulnerable persons, we encourage anyone experiencing domestic violence to seek legal assistance. Our team is available to guide you through the process with confidentiality, sensitivity, and unwavering support – you can even apply for a protection order by yourself: without the need for an attorney to be present (although this is recommended). No one should face abuse alone, and the law provides a powerful tool to ensure that they do not have to.

Written by Alexis van Eeghem

 We trust that you found this article informative, please email info@hjwattorneys.co.za for assistance with all your legal queries.

This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW Attorneys & Conveyancers at info@hjwattorneys.co.za directly for advice applicable to your specific matter.