LAYING A CHARGE OF DOMESTIC VIOLENCE 

When laying a charge for domestic violence with the police, the specific charge will depend on the actions that constitute the abuse. Common charges include assault, assault with intent to cause grievous bodily harm, crimen iniuria, or even attempted murder, depending on the severity and nature of the incident. A protection order can also be obtained to offer further legal protection.

Step by Step Guide: Laying an Assault Charge in South Africa

1  Go to the Police Station

Visit your nearest South African Police Service (SAPS) station as soon as possible after the incident.

Bring your ID or passport (if available), and any evidence (photos of injuries, torn clothes, witness contact details).

2.  Make a Statement

Tell the police exactly what happened.

Include:

• • Date, time, and place of the assault

  • Who assaulted you

  • Any injuries or damage caused

  • Whether there were any witnesses
    
    

Your statement will form the basis of the criminal case, so be clear and accurate.

3  Open a Criminal Case

After your statement, the police will:

• Open a docket
  Assign a case number (write this down and keep it safe)

• Begin an investigation
  
  

You will receive a CAS number (Case Administration System number). Use this to follow up on your case.

4.  Get Medical Attention (if injured)

If you have visible injuries, ask the police for a J88 Form.

Go to a state hospital or clinic for a medical examination.

The doctor fills in the J88 form, describing your injuries – this becomes evidence in court.

5.  Police Investigation

SAPS will investigate by interviewing witnesses and  will take statements and collect evidence. 

They may possibly arrest the suspect.
If there's enough evidence, the case is sent to the National Prosecuting Authority (NPA).

6.  Arrest and Court Process

If the accused is arrested:

• • They will appear in Magistrate’s Court

  • Bail may be granted or denied

  • The prosecutor will decide if there's enough evidence to proceed
    
    

You may be called to:

• • Testify in court

  • Provide further statements
    
    

7.   Stay Informed

Stay in contact with the Investigating Officer (IO) using your CAS number.
Call the SAPS station for updates.

Ask about court dates.

Request victim support services.

Optional: Apply for a Protection Order

If the assault was part of ongoing harassment or threats, you may also apply for:

• A Protection Order under the Domestic Violence Act (if the person is known to you)

• Or under the Protection from Harassment Act (if not a domestic relation)
  
  

Documents to Take (if possible)

• Your ID/passport

• Medical records (if already seen a doctor)

• Photos/videos of injuries or incident

• Witness contact details

• Any messages or threats (screenshots)