A restraining order in South Africa is a court order that legally prevents someone from harassing, threatening, or harming another person.
It protects victims of abuse, intimidation, or harassment by restricting the offender’s contact or approach.
On this page, you will learn what a restraining order means under South African law, how to apply for one, the legal frameworks that make it possible, and what happens if the offender disobeys it.
Understanding a Restraining Order under South African Law
A restraining order is not a single law — it is a legal remedy available under various Acts depending on the type of abuse or threat.
Its purpose is to protect a person’s safety, dignity, and peace of mind by legally stopping another individual from continuing harmful behaviour.
South African courts issue restraining orders mainly in cases of:
- Domestic violence
- Harassment or stalking
- Gender-based violence (GBV)
- Threats or intimidation
Restraining orders are granted by a Magistrate’s Court, and they are legally binding — meaning that once granted, the person named in the order (the respondent) can face arrest or imprisonment if they violate it.
Key Legal Frameworks Governing Restraining Orders in South Africa
| Law / Act | Purpose |
|---|---|
| Domestic Violence Act, 1998 (Act 116 of 1998) | Protects victims of domestic abuse (physical, emotional, financial, or sexual). |
| Protection from Harassment Act, 2011 (Act 17 of 2011) | Provides restraining orders for victims of stalking, harassment, or online abuse. |
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Empowers courts to attach bail conditions preventing contact with victims. |
| Constitution of South Africa, 1996 (Sections 10 & 12) | Guarantees human dignity, freedom, and security of the person. |
| Children’s Act, 2005 (Act 38 of 2005) | Allows restraining measures to protect minors from abusive parents or guardians. |
Types of Restraining Orders
| Type | Description | Example |
|---|---|---|
| Protection Order (Domestic Violence Act) | Protects against abuse by someone with whom you have a domestic relationship. | An ex-partner threatening or stalking you after a breakup. |
| Protection from Harassment Order | Protects against harassment or stalking by anyone — not only family or partners. | A neighbour repeatedly sending abusive messages or following you. |
| Interim Restraining Order | A temporary order granted quickly when immediate protection is needed. | A victim of assault applies urgently to stop further contact. |
| Final Restraining Order | Granted after a full court hearing, replacing the interim order. | Issued once the court confirms the harassment or violence is proven. |
Who Can Apply for a Restraining Order
You can apply for a restraining order if you are:
- Being physically, sexually, or emotionally abused.
- Threatened, stalked, or harassed, even through phone calls, texts, or social media.
- Facing intimidation or blackmail.
- Concerned for the safety of a child or family member.
Applications can also be made on behalf of minors or vulnerable persons by:
- A parent or guardian,
- A social worker, or
- A police officer.
How to Apply for a Restraining Order in South Africa
Step 1: Go to the Nearest Magistrate’s Court
Visit the Domestic Violence Court or Protection from Harassment Office at your local Magistrate’s Court.
Bring your ID, proof of address, and any evidence (photos, messages, or medical reports).
Step 2: Fill Out an Application Form
The clerk of the court will help you complete:
- Form 2 (Application for Protection Order) under the Domestic Violence Act, or
- Form 2 (Application for Protection from Harassment Order) under the Harassment Act.
Describe:
- What happened,
- How you were harmed, and
- Why you fear further harm.
Step 3: Interim Order and Return Date
If the court believes you are in immediate danger, it can issue an Interim Restraining Order the same day.
This order will:
- Forbid the offender from contacting or approaching you, and
- Set a return date for a full hearing.
Step 4: Serving the Order
The sheriff of the court or the SAPS will deliver the interim order to the offender.
Once served, the order becomes legally binding.
Step 5: Final Hearing
Both parties appear in court on the return date.
If the Magistrate finds enough evidence, the final restraining order is granted and remains in effect until changed or cancelled by the court.
What a Restraining Order Can Do
A restraining order can legally:
- Prevent the respondent from contacting or approaching you.
- Stop them from entering your home, workplace, or school.
- Prohibit harassment on social media, calls, or messages.
- Remove them from your shared residence.
- Order the police to confiscate their firearm.
- Provide emergency monetary or child care relief.
Consequences of Violating a Restraining Order
Disobeying a restraining order is a criminal offence.
If the respondent violates any condition, you can report it to the nearest police station, and they can be:
- Arrested immediately,
- Charged under the Domestic Violence or Harassment Acts, and
- Imprisoned for up to 5 years, depending on the severity of the violation.
Real Example
In S v Baloyi (2000), the Constitutional Court confirmed that domestic violence is a human rights violation under the Constitution.
It ruled that restraining orders are essential to protect victims from ongoing abuse and that police must act immediately when such orders are breached.
This case shaped how South African courts view restraining orders as instruments of protection, not punishment.
5 Important Points Every South African Should Know about Restraining Orders
- You do not need a lawyer to apply — the clerk of the court assists free of charge.
- An interim order can be granted the same day if you are in danger.
- The respondent must be served before the order takes effect.
- Police must enforce violations immediately.
- Restraining orders protect dignity and safety, not just physical wellbeing.
Implications of Restraining Orders in South Africa
Restraining orders protect individuals from ongoing harm, ensuring that violence and harassment are addressed through lawful means rather than retaliation.
They:
- Empower victims to take control safely.
- Reduce cases of gender-based violence and harassment.
- Provide swift, affordable protection through the Magistrate’s Courts.
- Reflect South Africa’s constitutional commitment to safety, dignity, and equality.
Legal Framework Summary
| Institution | Role |
|---|---|
| Magistrate’s Courts (Domestic Violence & Harassment Sections) | Process and issue restraining orders. |
| South African Police Service (SAPS) | Serve and enforce orders, arrest violators. |
| Legal Aid South Africa | Offers free advice for victims seeking protection. |
| Department of Justice and Constitutional Development | Oversees restraining order systems and updates legislation. |
| Non-Governmental Organisations (NGOs) | Provide counselling, safe housing, and victim support. |
FAQs About What Is a Restraining Order in South Africa
A restraining order is one of the most important legal protections available to people facing threats, harassment, or abuse in South Africa.
These FAQs explain what a restraining order means under South African law, who can apply for one, how to get it, and what happens if it is violated.
What is a restraining order in South Africa?
A restraining order in South Africa is a court order that legally prevents someone from harassing, threatening, or harming another person.
It instructs the offender to stop the abusive behaviour and stay away from the victim.
This legal tool helps protect victims of domestic violence, stalking, harassment, and gender-based violence.
What law governs restraining orders in South Africa?
Restraining orders are issued under two main laws, depending on the situation:
- The Domestic Violence Act, 1998 (Act 116 of 1998) – protects victims who have or had a domestic relationship with the abuser (such as a spouse, partner, or family member).
- The Protection from Harassment Act, 2011 (Act 17 of 2011) – protects people from stalking or harassment, even when there is no domestic relationship between the parties.
Who can apply for a restraining order?
You can apply for a restraining order if:
- You are being physically, emotionally, verbally, sexually, or economically abused.
- You are being harassed, stalked, or threatened, in person or online.
- You are acting on behalf of a child or a person who cannot apply for themselves (for example, someone with a disability).
Applications are open to any person in South Africa, regardless of gender or background.
Where do you apply for a restraining order?
You can apply for a restraining order at your nearest Magistrate’s Court, specifically at the Domestic Violence Court or Protection from Harassment Court.
The process is free, and you do not need a lawyer.
Court clerks will help you complete the necessary forms and submit your affidavit.
What is the process of getting a restraining order?
- Complete an affidavit describing the abuse or harassment and request an order.
- The court may issue an interim restraining order immediately for your protection.
- The interim order is served on the offender by the police or sheriff.
- A return date is set for a final hearing, where both parties can present their case.
- If satisfied that harassment or abuse occurred, the magistrate issues a final restraining order.
What does a restraining order do?
A restraining order can instruct the offender to:
- Stop contacting or harassing you.
- Stay a certain distance away from your home, work, or school.
- Stop posting or sending threatening messages (including social media).
- Surrender firearms or weapons.
- Leave the shared home (in domestic cases).
It is a legally binding order, and violating it is a criminal offence.
How long does a restraining order last?
A restraining order stays in effect until it is cancelled or changed by a court.
There is no automatic expiry date.
However, you can apply for a variation (to change its terms) or withdrawal if the situation improves.
Can a restraining order be issued without the offender present?
Yes. The court can issue an interim restraining order without notifying the offender if there is immediate danger to your safety.
This order takes effect as soon as it is served and remains valid until the final hearing.
What happens if someone violates a restraining order?
Violating a restraining order is a criminal offence under both the Domestic Violence Act and the Protection from Harassment Act.
The victim should:
- Report the violation to the nearest police station immediately.
- Provide a copy of the restraining order and proof of the breach.
The police can then arrest the offender without a warrant, and the person can face fines or imprisonment.
Can a restraining order be issued for online or digital harassment?
Yes. The Protection from Harassment Act, 2011 specifically covers online harassment and cyberstalking.
This includes threatening messages, the sharing of private photos, or repeated online contact intended to cause distress.
Courts can order internet service providers to help trace digital offenders.
What evidence do I need to apply for a restraining order?
You can include:
- Written statements or sworn affidavits.
- Messages, emails, or screenshots showing harassment or threats.
- Photos, medical reports, or police statements.
- Witness statements, if available.
The stronger your evidence, the faster and easier the court can grant protection.
Can someone apply for a restraining order on behalf of a child?
Yes. Parents, guardians, or any responsible adult can apply on behalf of a child or a person unable to act for themselves.
In domestic violence cases, social workers or the Family Advocate may also assist in the process.
How long does it take to get a restraining order?
In urgent cases, the court can issue an interim order on the same day.
The full process, including the final order, can take between two and six weeks, depending on the court schedule and whether the offender contests it.
Why are restraining orders important in South Africa?
Restraining orders protect individuals from harm and uphold constitutional rights to dignity, safety, and freedom from violence.
They give victims of abuse or harassment the power to take legal action quickly, ensuring that threats are taken seriously before they escalate into greater danger.
Conclusion: Understanding Restraining Orders in South Africa
A restraining order in South Africa is one of the strongest legal tools available to protect people from abuse, harassment, and intimidation.
It ensures that those who fear for their safety can act quickly and receive legal protection — often within a single day.
If you are being threatened, stalked, or harassed, do not wait until it gets worse.
Go to your nearest Magistrate’s Court, apply for a restraining order, and take back your right to live safely and peacefully.
