Understanding your legal rights is crucial for protection and justice. This guide outlines your rights under South African law and the legal processes available to you.
📚 Quick Reference Guide
Download our comprehensive legal rights guide for offline access.
🛡️ Protection Orders
What is a Protection Order?
A protection order is a court order that protects you from further abuse by setting conditions the abuser must follow.
How to Apply for a Protection Order
Step 1: Go to your nearest Magistrate's Court
Step 2: Ask for the Protection Order Clerk
Step 3: Complete the application forms
Step 4: Get an interim protection order immediately
Step 5: Attend the final hearing (usually within 10 days)
Your Rights Regarding Protection Orders
You can apply for free - no cost involved
You can get an interim order the same day
The order can prohibit various forms of abuse
Violation of the order is a criminal offense
You can request the removal of firearms from the abuser
🚨 Reporting to Police
Your Rights When Reporting
You have the right to be treated with dignity and respect
You can request a female officer if preferred
You can bring a support person with you
You have the right to privacy during the process
The police must provide you with a case number
What Police Must Do
Take your statement seriously
Open a case docket immediately
Provide you with a case number
Arrest the perpetrator if there's reasonable suspicion
Refer you to support services
🏛️ Court Processes
Your Rights in Court
Right to legal representation
Right to apply for Legal Aid if you cannot afford a lawyer
Right to protection from intimidation
Right to have a support person present
Right to testify in camera (in private) in certain cases
Special Measures for Vulnerable Witnesses
Testifying via closed-circuit television
Having an intermediary present
Court preparation services
Protection from cross-examination by the accused
💼 Employment Rights
Domestic Violence Leave
Under the Domestic Violence Act, you are entitled to 10 days paid leave per year to address domestic violence issues.
Workplace Protection
Your employer cannot discriminate against you for being a victim
You have the right to reasonable accommodations for safety
Your employer must protect your confidentiality
You cannot be fired for taking domestic violence leave
👶 Children's Rights
Protection of Children
Children have the right to be protected from all forms of violence
Witnessing domestic violence is considered emotional abuse
Children can be included in protection orders
Special procedures exist for child witnesses
Child Maintenance & Support
You have the right to claim maintenance for your children, regardless of your relationship with the other parent.