Domestic violence is a grave social issue in South Africa, with some of the highest reported incidences globally. To combat this, the Domestic Violence Act 116 of 1998 was introduced to offer maximum protection to victims and to ensure the justice system responds decisively to reports of abuse.
What is domestic violence?
Domestic violence goes beyond physical assault. It includes a wide range of abusive behaviours that may occur within intimate, family, or shared living relationships. Often, these acts form part of an ongoing pattern of coercive control and tend to escalate over time. Victims are frequently tied to their abusers by financial, social, or familial bonds, which complicates the process of seeking help.
Forms of abuse as defined in the Act include:
- Physical abuse: Hitting, slapping, punching, choking, biting, or attacking with weapons.
- Sexual abuse: Rape, attempted rape, indecent assault, or ongoing verbal sexual degradation.
- Emotional, verbal, and psychological abuse: Constant insults, ridicule, threats, or humiliation.
- Economic abuse: Controlling finances, selling shared property without consent, or abusing access to joint accounts.
- Intimidation: Threats of harm, sending disturbing items like dead pets or coffins.
- Harassment: Repeated phone calls, surveillance, or uninvited visits.
- Stalking: Constantly approaching someone despite their refusal to engage.
- Damage to property: Breaking windows, damaging shared belongings.
- Unauthorised entry: Gaining access to a victim’s home using a spare key or by force.
Anyone — regardless of gender — can be a victim or perpetrator of domestic violence.
Who can apply for a protection order?
Victims of domestic violence can approach the court for a protection order. This includes:
- Adults who are victims of abuse.
- Children (through an application by a guardian, teacher, or any person with an interest in their wellbeing).
- Anyone acting on behalf of a victim (with their consent, where applicable).
Applications may be heard in private (in camera), and support persons (up to three) may accompany the complainant.
A protection order is valid for life and enforceable throughout South Africa.
How to apply for a protection order
If you are a victim of domestic violence, go to the nearest Magistrate’s Court (either where you live, work, or are temporarily staying) and request to apply for a protection order. A court clerk will help complete the necessary forms and take your affidavit.
An affidavit is a written statement made under oath — knowingly making false statements is a criminal offence.
In summary
Domestic violence is serious, and legal protections are available. If you or someone you know is suffering from abuse, the law provides a structured and supportive process to protect victims and hold perpetrators accountable.
Help is available — and the law is on your side.
