Do I need an attorney to apply for a protection order?
No. You may apply personally. An attorney is optional and may assist with advice, drafting, evidence and court representation.
Costs and attorney feesQuick answers
Protection order frequently asked questions
Short answers only. Each question links to the page that deals with that issue in full.
How do I apply for a protection order?
Choose the correct statutory route, prepare the prescribed application and affidavit, file it at the appropriate Magistrate's Court and follow the interim-order and return-date process.
Application processWhat evidence should I take?
Take the records that prove the incidents relied on: messages, call records, photographs, medical or police records, witness information and a clear chronology where relevant.
Evidence guideCan I get an urgent protection order?
Urgent interim relief may be available where the statutory requirements are met. The application should explain the recent conduct, present risk and why ordinary notice would not provide effective protection.
Urgent applicationsWhat should I do if I have been served?
Read the exact terms, comply with the interim order, check the return date, obtain the application papers and preserve evidence before deciding how to respond.
What to do after serviceCan I oppose a protection order?
Yes. A respondent may place their version and supporting evidence before the court. The interim order must still be complied with while it remains in force.
How to opposeWhat happens if a protection order is breached?
Start with the exact wording of the order, preserve proof of the alleged breach and use the applicable enforcement process. A contravention may have criminal consequences.
Breach and enforcementCan a protection order be changed or cancelled?
A court order remains binding until it is varied or set aside by the court. Changed circumstances or reconciliation do not by themselves erase the order.
Changing or cancelling an orderSpeak 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.