Your Right to Safety: A Simple Guide to Applying for a Protection Order  

If you or someone you care about is experiencing gender-based violence (GBV), feeling safe is not a privilege – it’s your right. One of the most effective legal tools in South Africa to protect survivors is the Protection Order. 

We know legal systems can feel intimidating, especially when you are already dealing with fear, trauma, or uncertainty. This guide will make it easier. Whether you are a survivor, a friend, a parent, or a support worker, here is what you need to know. 

What Is a Protection Order? 

A Protection Order is a court order that stops an abuser from contacting, threatening, or harming you. It can cover various types of abuse, including physical, emotional, verbal, financial, sexual, and stalking. 

Under South Africa’s updated GBV laws, the definition of abuse now includes spiritual abuse, elder abuse, coercive or controlling behaviour, and exposing children to violence. 

You can apply for a Protection Order if you are being abused by a partner, family member, or someone you live with. You can also apply on behalf of a child, a friend, or anyone too afraid to apply themselves. You do not need a lawyer, and there is no cost to apply. 

What’s New in the GBV Laws? 

Recent amendments have made the process more survivor-friendly and comprehensive: 

• Broader definitions of abuse now include spiritual abuse, elder abuse, and coercive control. 
• Confidential information is protected using Form 6A, so your personal details are not shared with the abuser. 
• Domestic Violence Safety Monitoring Notices can be requested so that police check on you regularly if you share a home with the abuser. 

How to Apply for a Protection Order 

Step 1: Choose How to Apply 

You can apply at Family Court or Domestic Violence office at your nearest Magistrate’s Court. There is the option to email your application, however, not many courts have implemented that system yet. 

Step 2: Get the Right Forms 

You will need Form 6 (the main application) and Form 6A (which keeps your personal information confidential). 

Step 3: Write Your Statement 

Describe what has happened in detail, including dates, threats, and any witnesses. Attach evidence like screenshots, voice notes, or photographs if possible.  TEARS Foundation’s trained staff can assist you with this process. 

Step 4: Submit Your Application 

Once submitted, the court processes your application immediately. 

Step 5: Court Decision 

You may receive an Interim Protection Order right away, together with a Warrant of Arrest for the abuser. If the court does not issue an interim order immediately, a Notice to Show Cause will be sent to the abuser, and a hearing will be scheduled within about 30 days, depending on the Magisterial District.  You are not covered under a Notice to Show Cause but are with an interim order. 

Your Rights as an Applicant 

• The process is confidential. Your details can be kept private. 
• It is free. There are no court fees to apply. 
• You may bring someone to support you, such as a friend, family member, social worker, or NGO representative. Not all courts allow this. 
• If you are granted an interim order, you are protected immediately. 

Key Legal Terms Explained 

Interim Protection Order: A temporary order effective immediately. Police can enforce it.
Final Protection Order: Granted after a hearing and remains in place until the court changes it.
Notice to Show Cause: A notice requiring the abuser to appear in court and explain why the order should not become final.
Domestic Violence Safety Monitoring Notice: An additional safeguard where SAPS checks on you regularly. 

Helpful Tips 

• Bring your ID or the ID of the person you are applying for. 
• Write your statement before you go to court to stay calm and focused. 
• Keep copies of everything you submit. 
• If possible, download the forms online before visiting the court. 
• Contact TEARS Foundation for guidance and support. 

TEARS Foundation Is Here to Help 

TEARS Foundation offers: 

• A 24/7 helpline for immediate assistance. 
• Help filling in forms and understanding the legal process. 
• Support finding safe accommodation, legal aid, and social workers. 
• Compassionate, judgment-free guidance every step of the way. 

You deserve safety. If you are ready to apply for a Protection Order or need someone to guide you, TEARS Foundation is here for you. No one should live in fear. The law is on your side, and help is available right now. 

Call the TEARS Foundation 24/7
08000 TEARS / 08000 83277 

Your safety is your right. Not a privilege. Let’s get you protected.