Yes. The DVA provides for both interim protection orders ("Interim Protection Order") and (final) protection orders. An Interim Protection Order is granted in emergency situations to provide immediate relief to a victim of domestic violence, until the date on which the complainant and respondent (as these terms are used in the DVA) — after being given due notice — appear before the magistrates' court to have the Interim Protection Order made a final order of the court ("Return Date"). On the Return Date, the respondent is afforded the opportunity to present to the court reasons why the protection order should not be made final.

It should also be noted that protection orders may also be issued under the PFH Act, which applies in circumstances in which the DVA does not apply due to the fact that the complainant and respondent are not in a "domestic relationship" as defined in the DVA.

The DVA provides that "any complainant" may apply to the court for a protection order (interim or otherwise)^[30] — a complainant being "any person who is or has been in a domestic relationship^[31] with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant."^[32]

Further, the DVA expressly provides that "any minor, or any person on behalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person."^[33]

An application for a protection order (interim or otherwise) may also be brought on behalf of a victim by any other person who has a "material interest in the well-being of the complainant" (including a counsellor, health service provider, member of the South African Police Service, social worker or teacher), provided that the victim provides her written consent to the person who is making the application on her behalf. The written consent of the victim will not be required where the victim is:

• a minor (under the age of 18)
• mentally incapacitated
• unconscious
• a person whom the court is satisfied is unable to provide the required consent^[34]

Yes. A court has the power to grant an order prohibiting contact with a child, or to make the respondent's contact with a child subject to certain conditions.^[35]

Under the terms of the DVA, the court has the power to make an order for the respondent to pay rent, mortgages or other emergency monetary relief, which may serve to assist a complainant in fulfilling her duties of support for a child.^[36] Matters relating to child maintenance, may best be dealt with under the terms of the Maintenance Act and/or the Children's Act, through a family court. However, under the terms of the DVA, courts can make a provision in a protection order for matters regarding maintenance or child support for a "limited period" if they are of the view that those provisions should be dealt with under the terms of another relevant law, such as the Maintenance Act or Children's Act.^[37] This is to afford the victim time to seek appropriate relief under the terms of such other relevant law. Further, the DVA prohibits a court from refusing to issue a protection order or imposing conditions, which it is competent to impose by virtue of the provisions of the DVA, merely because other legal remedies are available to the complainant.^[38]

Yes. A protection order can prohibit a respondent from entering the complainant's residence or the residence shared by the complainant and the respondent.^[39] Furthermore, protection orders can prevent a respondent from accessing a previously shared home, parts of a currently shared home or the complainant's place of employment.^[40]

In some instances, protection orders may prohibit the respondent from accessing other places the complainant frequents as complainants are permitted to specify and request additional relief.^[41]

Yes. In addition to the protection orders granted under the DVA, a protection order may also be granted under the PFH Act. Protection orders issued under the terms of the PFH Act protect complainants who are not in a domestic relationship (as defined in the DVA) with the respondent. Whether an order is sought under the DVA or the PFH Act, an interim order may be granted if the court is of the view that the victim will suffer undue hardship if the order is not granted immediately.^[42] Therefore, a provision is made for applications to be brought outside of court hours if the victim will suffer undue hardship in the event of a delay.^[43]

There are, of course, other remedies that may be granted, such as civil interdicts, but these remedies are less accessible, especially to persons who are vulnerable and need urgent relief without legal representation.

Under the DVA, any complainant can apply for a protection order directly, or they may give consent for another person to apply on their behalf. A person who brings the application on a complainant's behalf must have a material interest in the well-being of the complainant in addition to their written consent.^[44] This interest must be motivated or explained in the supporting documentation submitted with the application. It is important to note that the consent of the complainant will not be necessary where the complainant is: (i) a minor; (ii) mentally disabled; (iii) unconscious; or (iv) a person whom the court is satisfied is unable to provide the required consent.^[45]

Any child, or any person on behalf of a child, may apply for a protection order without the assistance of a parent, guardian or any other person.^[46]

A victim may apply for an Interim Protection Order or a final protection order ("Final Protection Order") under the DVA. The main differences between each are as follows:

• An Interim Protection Order is an urgent order and only becomes effective when it is served on the respondent.^[47]
• A Final Protection Order is effective as soon as the court grants the order.^[48]
• An Interim Protection Order is a temporary order. Both the complainant and the respondent must return on a later date to state their cases before the order is made final. If the Final Protection Order is not granted, the Interim Protection Order will lapse.^[49]
• A Final Protection Order will not lapse. However, the court may set it aside upon the request of either party.^[50]

Where a complainant does not meet the requirements of the DVA, i.e., they are not or have not been "in a domestic relationship with the respondent" and have "been subjected or allegedly subjected to an act of domestic violence," including any child in that person's care,^[51] the complainant may apply for a protection order under the PFH Act.

Yes. A complainant may stipulate persons whom are also affected by the domestic violence in Form 2 (discussed in more detail below). Any conduct prohibited under the order that is committed by the respondent toward such a person will constitute a breach of the order and may lead to the arrest of the respondent.

An Interim Protection Order granted under the DVA will lapse if it is not made a final order of court. Once a Final Protection Order is granted under the DVA, it will not expire after a specific time. However, either the respondent or the complainant may apply to the court for the variation or setting aside of a protection order.^[57]

A protection order under the PFH Act remains effective for five years or such further period as may be deemed appropriate by a court.^[58]

https://www.justice.gov.za/docs/InfoSheets/2014-protection_order.pdf

https://www.justice.gov.za/vg/dv-faq.html

https://www.legalwise.co.za/help-yourself/quicklaw-guides/domestic-violence-protection-orders

https://www.statssa.gov.za/publications/Report-03-40-05/Report-03-40-05June2018.pdf

https://www.saps.gov.za/services/protection_order.php

The court^[59]

• For a protection order, the victim must approach a magistrates' court.
• The victim will receive a form from the clerk of the court to complete (please see more information below).
• At this time, the clerk of the court will ascertain whether the victim or anyone else:

• is in immediate danger of serious physical harm
• needs a place of safety
• needs medical attention
• needs counselling

• If the matter is urgent:

• the clerk of the court will indicate this to the magistrate who can then grant an Interim Protection Order without notice to the respondent
• the court will then set another hearing on a future day to give the respondent an opportunity to oppose the protection order and state his case
• the complainant may then be required to attend this hearing and give evidence

• If the matter is not urgent:

• a date will be set for the hearing. A notice to show cause will be served on the respondent providing the date for the hearing. The complainant and respondent may be required to attend a hearing at the court to state their cases.

In both cases, the court will consider all of the evidence before it. The court will use this evidence to decide whether to grant a protection order.

A complainant will be required to complete a Form 2 under the terms of the regulations to the DVA, which include making a sworn statement as to the act(s) of domestic violence committed by the respondent.^[60] This form may be completed at a police station, at court upon making the application or before making the application by downloading it from the Department of Justice's website.^[61]

In the instance of an interested person applying on behalf of a complainant, written consent of the complainant, as well as the above-mentioned affidavit, is required.

A complainant making an application will need to provide her particulars, such as name, ID number or date of birth, home address and work address (where applicable), contact number(s), occupation (if applicable) and the nature of the relationship with the respondent.^[62] A person applying on behalf of another should have the same information about the complainant available, as well as know and be able to fill out his/her own particulars as described above.

It is important for a complainant to have all or some of the particulars of the respondent available when making an application for a protection order. These particulars include the respondent's name, ID number/date of birth, home and work addresses and contact numbers.^[63] This information is important for the service of documents or the arrest of the respondent in certain circumstances, which are crucial in bringing the respondent to court and making the respondent aware of the order.

The complainant will also have to attest to the truth of the facts surrounding the domestic violence, and provide her own relevant personal information and the personal information of the respondent. No documentation is required when going to a court or police station to apply for the order, provided the victim is able to furnish the required information off hand.

Ordinarily, the applications are heard on the written affidavits of the complainant, but a respondent has an opportunity to make representations before a magistrate or judge in the presence of the complainant.^[64] A complainant's legal representative may appear in court on her behalf, as the complainant is not necessarily required to make representations in court. A complainant may be subpoenaed to appear in front of the court, and should a complainant not comply, the application may be regarded as a nonappearance.

However, the court may exclude any persons from the proceedings if it is satisfied that it is in the interests of justice to do so.^[65] This may include a scenario where, for example, it would be too traumatic for the complainant to appear or subject the complainant to potential intimidation. Persons who bring applications on behalf of a complainant are permitted to attend proceedings, but not necessarily to the exclusion of the victim.^[66] The court also has the power to hear proceedings in camera, such as in an office in the court building as opposed to open court.^[67]

This is an example of the DVA creating measures that protect women's privacy and safety in the court process as per Recommendation 35.^[68] The protection of a complainant's privacy by allowing in camera proceedings, promotes access to courts for otherwise frightened victims who may ordinarily shy away from formal legal action.

No. The DVA does not make provision for any time limits to bring an application, except insofar as a Return Date for the hearing is concerned. The date for the hearing on whether a Final Protection Order should be granted may not be less than 10 days after service of the interim order or a notice of the application for a final order has been effected on the respondent.^[70]

Yes. Please see response above, relating to Interim and Final Protection Orders. Interim Protection Orders can be granted in emergencies,^[71] and applications can be brought after court hours where necessary.^[72]

Further, a peace officer^[73] at the scene of a domestic violence incident may arrest a respondent without a warrant if the peace officer reasonably suspects the respondent of having committed an offense containing an element of violence against the complainant.^[74]

Under the terms of the DVA, as soon as is reasonably possible, the court must consider an application for a protective order and may, in considering such application, consider such additional evidence as it deems fit, including "oral evidence or evidence by affidavit."^[75]

Notwithstanding the fact that the respondent may not have been given notice of the proceedings against him, the court must nevertheless issue an Interim Protection Order against the respondent if there is prima facie (apparent) evidence that the respondent is committing or has committed an act of domestic violence^[76] and undue hardship may be suffered by the complainant as a result of such domestic violence if a protection order is not immediately issued.^[77]

Where an Interim Protection Order is not issued in accordance with the above-mentioned procedure, and the respondent does not appear before the court on the Return Date,^[78] the court must issue a Final Protection Order in the prescribed form if the application by the victim contains prima facie evidence that the respondent has committed or is committing an act of violence.^[79] If, however, the respondent does appear on the Return Date in order to oppose the issuing of a protection order, the court is required to hear the matter and consider the evidence provided by the abuser. After hearing the matter, the court must issue a protection order in the prescribed form if it finds on a balance of probabilities that the respondent has committed or is committing an act of domestic violence.^[80]

Once the court has determined that a protection order must be issued against the respondent (in accordance with the provisions above), the court is granted various discretionary powers in determining the nature and extent of the protection order.^[81] By means of granting a protection order (interim or otherwise), the court may prohibit the respondent from:

• committing any act of domestic violence
• enlisting the help of another person to commit any act of domestic violence
• entering a residence shared by the complainant and the respondent
• entering a specified part of such shared residence
• entering the complainant's residence
• entering the complainant's place of employment
• preventing the complainant who ordinarily lives or lived in a shared residence as contemplated above from entering or remaining in the shared residence or a specified part of the shared residence
• committing any other act as specified in the protection order^[82]

Where the court prohibits the respondent from entering a residence shared with the complainant, the court may impose on the abuser obligations pertaining to the discharge of rent or mortgage payments, having regard to the financial needs and resources of the complainant and the respondent.^[83] However, it has been suggested that a court may be hesitant to prohibit a respondent from entering the residence shared with the complainant, particularly where the abuser is legally entitled to occupy the residence by virtue of his ownership thereof and in some instances, such an order may be considered tantamount to an eviction.^[84]

In addition, the court may impose "any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or wellbeing of the complainant,"^[85] including an order to seize any firearms or dangerous weapons in the possession of the respondent and to appoint a peace officer^[86] to accompany the complainant.^[87] The discretionary powers of the court "must be interpreted purposively and generously to promote the rights to dignity, privacy, bodily and psychological integrity of women."^[88]

The court is further empowered to exercise its discretion by refusing the respondent contact with any child or order contact with any child on such conditions as it may consider appropriate if the court considers it in the best interest of the child to do so.^[89]

No. As set out above, any complainant may apply to the court for a protection order,^[91] a complainant being "any person who is or has been in a domestic relationship^[92] with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant."^[93]

Further, the DVA expressly provides that "any minor, or any person on behalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person."^[94]

One of the remedies available to victims of domestic violence under the DVA is "emergency monetary relief,"^[95] which is compensation for monetary losses suffered by a victim at the time of the issue of a protection order as a result of the domestic violence, including:

• loss of earnings
• medical and dental expenses
• relocation and accommodation expenses
• household necessities^[96]

It is important to note that the granting of 'emergency monetary' relief is different to a court granting maintenance under the Maintenance Act.^[97] Furthermore, the court is prohibited from refusing to issue a protection order or impose any condition that it is competent to make under the DVA simply because the victim has other legal remedies available to them.^[98]

An order for costs against any party (either abuser or victim) may only be granted if the court is satisfied that such party has acted "frivolously, vexatiously or unreasonably."^[99]

No. The granting of emergency monetary relief is part of the court's discretionary powers in respect of granting protection orders under the DVA. As such, the granting of "emergency monetary relief" under the terms of the DVA does not constitute a stand-alone remedy under the DVA.