Can You Get a Protection Order Against Your Spouse?
Did You Know?
In South Africa, married individuals are considered to be in a domestic relationship under the Domestic Violence Act. If you are experiencing any form of abuse from your spouse, you have the right to apply for a protection order through the Domestic Violence Court.
Understanding Protection Orders vs. Restraining Orders
Many people refer to "interdicts" or "restraining orders", but under South African law, these are called protection orders. A protection order is a legal mechanism that prevents an abuser from continuing harmful behaviour and offers legal recourse if they violate the order.
What Qualifies as Domestic Violence?
A protection order can be sought if you are being subjected to any of the following forms of domestic violence:
- – Physical abuse (assault, hitting, or any form of bodily harm)
- – Sexual abuse
- – Emotional, verbal, or psychological abuse (insults, threats, humiliation, obsessive jealousy)
- – Harassment or stalking (persistent following, unwanted communication, threats)
- – Intimidation (behaviour causing fear of harm)
The law does not require physical harm to grant a protection order – emotional and psychological abuse are also recognised forms of domestic violence.
Who Can Apply for a Protection Order?
You may apply for a protection order if you are in a domestic relationship with the abuser. This includes:
- – Spouses (married or divorcing)
- – Partners (living together or previously in a relationship)
- – Parents and children
- – Other family members
- – Individuals who share a residence
How to Obtain a Protection Order: Step-by-Step Process
1. Visit the Domestic Violence Court
Go to your nearest Domestic Violence Court and request an application for a protection order.
2. Provide Evidence of Abuse
To strengthen your application, bring documentary evidence such as:
- – WhatsApp messages, emails, or texts showing harassment or threats
- – Photos of physical injuries (if applicable)
- – A medical report (J88 form) if you visited a doctor due to physical abuse
- – Witness statements from family or friends
3. Apply for an Interim Protection Order
Once your application is submitted, a Magistrate will review the details. If the court determines that you are in immediate danger, an interim protection order will be issued without informing the respondent (your spouse).
4. Serving the Order to the Respondent
The interim order must be served to your spouse by the police or sheriff, notifying them of the restrictions.
5. Final Protection Order Hearing
- – The respondent will be given a return date to appear in court.
- – Both parties can present arguments before the Magistrate.
- – If the court is satisfied that ongoing protection is necessary, the final protection order will be granted.
6. Issuance of a Warrant of Arrest
Once the final protection order is granted, the court will issue a warrant of arrest, which allows law enforcement to arrest the abuser if they violate the order.
What Happens If the Protection Order Is Violated?
If the respondent breaches the order, you should:
- – Report the violation to the police immediately.
- – Provide proof of the violation (messages, threats, evidence of contact).
- – The police can arrest the abuser using the warrant issued with the final order.
Final Thoughts
A protection order is a powerful legal tool to protect individuals from abuse in domestic relationships. If you are experiencing domestic violence, seek legal advice and take action to safeguard your rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
