Domestic Violence South Africa: Your Rights and How to Get Help
Domestic violence is a serious crime and a violation of human rights. In South Africa it is governed by the <strong>Domestic Violence Act 116 of 1998</strong>, which defines domestic violence broadly and imposes duties on SAPS to protect victims. If you are experiencing abuse, you have the right to apply for a <strong>Protection Order</strong> free of charge at any Magistrate's Court. You do not need a lawyer.
What Counts as Domestic Violence?
Section 1 of the DVA defines domestic violence to include any of the following acts committed by a person against another person in a domestic relationship:
- Physical abuse — hitting, slapping, kicking, strangling, or any other physical harm
- Sexual abuse — any non-consensual sexual act within a relationship (including marital rape, which is a crime in South Africa)
- Emotional or psychological abuse — threats, humiliation, insults, isolation, controlling behaviour
- Economic abuse — withholding money, preventing employment, destroying property
- Intimidation — behaviour that causes the complainant to feel afraid for their safety
- Harassment and stalking — unwanted contact, following, monitoring of communications
- Damage to property — destroying belongings to instil fear
- Entry into shared property without consent
Who Does the DVA Protect?
The Act protects persons in a domestic relationship. This includes spouses and partners (including same-sex couples), family members, persons who share or recently shared a home, persons in a current or past dating relationship, and parents of a shared child — even if they never lived together.
If you are in immediate danger, call SAPS on 10111 immediately. You can also go to your nearest Magistrate's Court or police station to apply for a Protection Order.
Emergency Help: Contacts
- SAPS emergency: 10111 (24 hours)
- Gender-Based Violence Command Centre: 0800 428 428 (toll-free, 24 hours)
- TEARS Foundation helpline: 010 590 5920 or SMS *134*7355# (free SMS)
- Lifeline South Africa: 0861 322 322
- People Opposing Women Abuse (POWA): 011 642 4345
- Childline: 116 (free, 24 hours) for children experiencing abuse
- FAMSA (Family and Marriage Association): 011 975 7106
Your Safety Plan
A safety plan is a personalised strategy to help you stay safer whether you stay in the relationship or decide to leave. Key elements of a safety plan include:
- Identify a trusted person (friend, family member, neighbour) you can call in an emergency
- Keep a bag packed with essential items: ID, birth certificates, medication, cash, bank cards, a change of clothes
- Know the nearest safe house or shelter address and how to get there
- Memorise key phone numbers in case your phone is taken
- Identify a code word with trusted people that signals you need help
- Know which exits to use from your home
- Teach your children to call SAPS (10111) in an emergency
If SAPS refuses to assist you or does not comply with their DVA duties, you can lodge a complaint with the Independent Police Investigative Directorate (IPID) at 0800 300 374.
Duties of SAPS Under the DVA
Section 2 of the DVA imposes specific, non-negotiable duties on SAPS members when responding to domestic violence complaints:
- Render assistance to the complainant and ensure their safety and that of any children
- Assist the complainant in obtaining medical treatment if needed
- Inform the complainant of their rights including the right to apply for a Protection Order
- Provide the complainant with a prescribed notice listing available services
- Arrest the abuser if the officer believes an offence has been committed
- Arrest the abuser without a warrant if the abuser has breached an existing Protection Order
- Conduct a thorough investigation
Shelters and Safe Houses
If you need to leave home, shelters provide emergency accommodation and support services for domestic violence survivors. Contact the Gender-Based Violence Command Centre (0800 428 428) for a referral to your nearest shelter. Shelters are free for survivors and provide accommodation, meals, counselling, and legal support.
How to Get a Protection Order
See our detailed guide on Protection Orders for the complete step-by-step process. In summary: go to the Clerk of the Magistrate's Court with Form 2, describe the abuse, and a magistrate can grant an Interim Protection Order the same day. There are no court fees.
Marital Rape
Marital rape is a criminal offence in South Africa under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Section 3 of the Act provides that any person who commits rape is guilty of an offence — there is no exception for spouses or partners. You can lay a criminal charge at any SAPS station.