Areas of Practice
Protection Orders & Interdicts Cape Town
Urgent, compassionate legal assistance for victims of domestic violence, harassment and stalking across the Western Cape.
No one should have to live in fear. VDH Attorneys provides urgent and compassionate assistance to individuals who need protection from domestic violence, harassment, stalking or any form of abuse. We guide clients through the process of obtaining protection orders and interdicts as quickly as possible, and we represent them in court to ensure those orders are enforced.
What We Handle
- Domestic violence protection orders
- Harassment protection orders
- Stalking interdicts
- Urgent interim interdicts
- Final protection orders
- Variation and setting aside of orders
- Enforcement of protection orders
- Sexual harassment interdicts
- Workplace harassment orders
- Protection for children
The Domestic Violence Act 116 of 1998 provides a comprehensive framework for protecting victims of domestic violence. The Act defines domestic violence broadly to include physical, sexual, emotional, verbal, psychological, economic and spiritual abuse, as well as harassment, stalking and damage to property. Any person in a domestic relationship — including spouses, partners, family members and persons who share a residence — may apply for a protection order.
The Protection from Harassment Act 17 of 2011 extends protection to victims of harassment outside of domestic relationships. This includes workplace harassment, cyberstalking, unwanted communication and any conduct that causes fear, distress or harm. An interim protection order can be granted on an urgent basis, often on the same day the application is made, without the respondent being present.
Once a final protection order is granted, any breach of its terms is a criminal offence. We assist clients not only in obtaining orders but also in reporting breaches to the South African Police Service and pursuing criminal charges where necessary. We also advise respondents who have had orders taken out against them and who wish to oppose or vary those orders.
Frequently Asked Questions
How quickly can I get a protection order?
An interim protection order can often be granted on the same day you apply, without the respondent being notified. The court will grant an interim order if there is prima facie evidence of domestic violence or harassment and if undue hardship may be suffered if the order is not granted immediately. A return date is then set for a hearing to determine whether a final order should be granted.
Do I need to go to court to get a protection order?
You will need to appear at the Magistrates' Court to make your application. Our attorneys can accompany you and assist you throughout the process. In urgent circumstances, we can help you prepare your application and supporting affidavit as quickly as possible.
What happens if the respondent breaches the protection order?
A breach of a protection order is a criminal offence under the Domestic Violence Act, punishable by a fine or imprisonment of up to five years. You should report any breach to the South African Police Service immediately. We can assist you in making a report and in pursuing criminal charges against the respondent.
Can a protection order be varied or set aside?
Yes. Either party may apply to the court to vary or set aside a protection order if circumstances have changed. The court will consider whether it is just and equitable to do so. We advise both applicants and respondents on applications to vary or set aside orders.