THE BENCH
Official Newsletter of the Judicial Officers Alliance of South Africa
Seventh Edition · October 2026
The Domestic Violence Act: Recent Amendments and Practical Application
Strengthening Protection for Victims
The Domestic Violence Act, as amended, remains a critical instrument for the protection of victims of domestic abuse.
The Domestic Violence Act 116 of 1998, substantially amended by the Domestic Violence Amendment Act 14 of 2021, provides for the issuing of protection orders on an urgent basis. Magistrates may grant interim protection orders without notice to the respondent where there is a risk of imminent harm. Final orders are made after a hearing. The amended Act expands the definition of domestic violence to include controlling behaviour, economic abuse, and the distribution of intimate images. It also strengthens the obligations of the South African Police Service to assist complainants and to seize firearms. Failure by a police officer to comply with the Act may itself constitute an offence. When considering applications, magistrates must apply the civil standard of proof on a balance of probabilities for the final order, while remaining alive to the dynamics of coercive control. Reasons should address the nature of the relationship, the history of abuse, and the specific prohibitions necessary to secure the complainant’s safety. Breach of a protection order is a criminal offence and must be dealt with firmly.
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