Physical abuse
Assault, or any use of physical force, including threatened force. No visible injury is required, and a single incident is sufficient.
Domestic Violence Act
Domestic violence protection orders
This is generally the correct protection-order route where the applicant and respondent are or were in a domestic relationship and the conduct falls within the Domestic Violence Act.
First question
Is there a domestic relationship?
The Act applies only where you and the respondent are in a domestic relationship. That term is considerably broader than is generally assumed: cohabitation, marriage and blood relationship are none of them required.
- You are married, were married, or are married under customary, religious or any other law
- You live together or lived together in a relationship in the nature of marriage, even if never married
- You are the parents of a child together, or share parental responsibility, whether or not you were ever a couple
- You are family: by blood, by marriage or by adoption
- You are or were engaged, dating, or in a customary, romantic, intimate or sexual relationship of any length
- You share, or recently shared, the same residence
Same-sex relationships are covered on precisely the same terms, as are relationships that were never publicly acknowledged.
What counts
Domestic violence is not limited to physical assault
The Act recognises a range of abusive conduct. The facts and pattern matter more than the label used by either party.
Sexual abuse
Any conduct that abuses, humiliates, degrades or otherwise violates your sexual integrity. Marriage or an existing relationship does not constitute consent.
Emotional, verbal & psychological abuse
A pattern of degrading or humiliating conduct: repeated insults, name-calling, threats, obsessive jealousy, or possessiveness that invades your privacy or security.
Economic abuse
Unreasonably withholding money to which you are entitled, or unreasonably disposing of household property. Financial control is a recognised form of abuse rather than a private domestic arrangement.
Coercive behaviour
Compelling or forcing you to do something you have a right to refuse, or to stop doing something you have a right to do. Added by the 2021 amendment.
Controlling behaviour
Making you dependent or subordinate: isolating you from support, monitoring your movements, restricting your access to money, transport, phone or work. Added by the 2021 amendment.
Intimidation & harassment
Conveying a threat that induces fear, or repeatedly following, watching, phoning or messaging you, including online.
Stalking
Repeatedly following, pursuing or accosting you. Tracking applications, enforced location sharing and false accounts all fall within this definition.
Damage to property
Wilfully damaging or destroying property in which you have an interest, including your own belongings inside a shared home.
Entering your home without consent
Where you do not share a residence, entering your home without your permission is itself an act of domestic violence.
Exposing a child to violence
A child who sees or hears domestic violence, or is exposed to its aftermath, is recognised as being harmed by it. Added by the 2021 amendment.
Elder abuse
Abuse or neglect of an older person by someone in a domestic relationship with them, including financial exploitation. Added by the 2021 amendment.
Spiritual abuse
Using religious or spiritual belief to control, degrade or frighten, including forbidding you to practise your faith. Added by the 2021 amendment.
Related person abuse
Abuse directed at your child, parent or another person close to you in order to get at you. Added by the 2021 amendment.
Need to apply?
Use the application guide for the court process, interim stage, service and return date.
Application processNo domestic relationship?
The Protection from Harassment Act may instead provide the appropriate route.
Harassment protection ordersSpeak to us
Tell us what has happened and what stage the matter has reached.
We assist applicants and respondents with drafting, urgent applications, return dates, opposition and enforcement across greater Durban.