Protection Orders Under
the Domestic Violence Act
A protection order is a form of legal relief available under the Protection of Women from Domestic Violence Act, 2005. It may be considered by a Magistrate where the court is satisfied that the statutory requirements for granting such an order are met.
A protection order under the Domestic Violence Act is intended to address conduct falling within the scope of domestic violence, and it may restrict the respondent from committing specified acts or engaging in particular conduct.
Adv. Kanchan Talreja is a leading protection order lawyer in Mumbai and can assist you with understanding the relevant provisions, preparing an application and representing a party before the appropriate court.
What Is a Protection Order?
A protection order may be passed under Section 18 of the Protection of Women from Domestic Violence Act, 2005. Where the Magistrate is satisfied that domestic violence has taken place or is likely to take place, the court may pass an order prohibiting the respondent from committing acts of domestic violence.
Depending on the circumstances, the order may also restrict conduct such as:
Aiding or abetting domestic violence
Contacting the aggrieved person through specified means
Entering certain places where the aggrieved person resides, works or regularly visits, where the law permits such a direction
Alienating or dealing with certain assets in a manner prohibited by the order
Causing violence or harassment to persons connected with the aggrieved person
Committing other acts specifically prohibited by the court
The precise terms of a protection order depend on the facts and the relief sought.
01
Section 12: How an Application Is Made
A person who is an “aggrieved person” under the Protection of Women from Domestic Violence Act, 2005 may approach the Magistrate under Section 12 seeking one or more reliefs available under the Act. The application may also be presented by a Protection Officer or by another person on behalf of the aggrieved person. The application is made in the prescribed form and may seek relief such as protection, residence, monetary relief, custody, compensation or other orders available under the Act.
Where a Domestic Incident Report has been prepared by a Protection Officer or service provider, the Magistrate is required to take it into consideration before passing an order on the application. The Act provides that the first date of hearing should ordinarily be fixed within three days of the application being received by the court, and the Magistrate is required to endeavour to dispose of the application within 60 days from the date of its first hearing. These are statutory timelines for the court’s handling of the application and do not necessarily mean that every matter will be concluded within that period.
02
Section 23: Interim and Ex Parte Protection Orders
Section 23 gives the Magistrate the power to grant interim orders during proceedings under the Domestic Violence Act. This allows the court to address immediate concerns while the main application is still being considered.
Where the application prima facie indicates that the respondent is committing, has committed, or is likely to commit an act of domestic violence, the Magistrate may also grant an ex parte order on the basis of the aggrieved person’s affidavit. Such an order may relate to the reliefs available under Sections 18 to 22, including protection, residence, monetary relief, custody and compensation.
An ex parte order is therefore capable of being made without waiting for the respondent’s full response where the statutory requirements are satisfied. The purpose is to provide immediate judicial protection where the circumstances disclosed before the court warrant interim intervention.
03
Section 31: Consequences of Breaching a Protection Order
A protection order is not merely advisory. Section 31 makes a breach of a protection order, or an interim protection order, an offence under the Domestic Violence Act. The offence may be punishable with imprisonment for a term extending up to one year, or with a fine of up to ₹20,000, or with both.
The Act further provides that the offence should, as far as practicable, be tried by the Magistrate who passed the protection order. Section 32 provides for the cognizance and proof of such an offence.
It is important to distinguish a breach of a protection order from non-compliance with every form of relief granted under the Act. Section 31 specifically addresses breach of a protection order or interim protection order. The legal consequences therefore depend on the nature of the order allegedly breached and the circumstances of the case.
04
How to Get a Protection Order in India
The process to get a protection order in India generally involves approaching the appropriate Magistrate’s Court under the Domestic Violence Act.
- Record the Relevant Circumstances : The applicant should identify the conduct giving rise to the concern and, where possible, maintain records of relevant incidents. The information should accurately describe the circumstances rather than relying on general allegations.
- Approach the Appropriate Authority or Court : An aggrieved woman may approach a Protection Officer, service provider or the appropriate Magistrate’s Court in accordance with the Act. The appropriate route depends on the circumstances and the relief being sought.
- Prepare the Application : The application should describe the domestic relationship, the conduct mentioned by the complainant and the protection or other relief requested. Where other forms of relief are required, they may also be sought in accordance with the provisions of the Act.
- Court Proceedings : The court considers the application and the material placed before it. The respondent may be allowed to respond, subject to the applicable procedure. The court may consider interim or other appropriate relief where the statutory requirements are satisfied.
- Protection Order : If the court is satisfied that the requirements under the Act are met, it may pass a protection order specifying the restrictions that apply to the respondent. The terms of the order depend on the circumstances considered by the court.
05
What Can a Protection Order Prohibit?
The Domestic Violence Act gives the Magistrate authority to prohibit specified conduct. Depending on the circumstances, an order may restrict the respondent from:
- Committing acts of domestic violence
- Aiding or abetting domestic violence
- Contacting the aggrieved person in prohibited circumstances
- Entering a specified area or place
- Alienating or dealing with certain assets or financial resources
- Causing violence to persons who assist the aggrieved woman
- Engaging in other conduct specified by the court
A protection order should be read carefully because its exact restrictions depend on the wording of the court’s order.
06
Can a Protection Order Be Obtained Along With Other Relief?
07
What Happens If a Protection Order Is Breached?
A breach of a protection order is addressed under the Domestic Violence Act and can have legal consequences. Section 31 of the Act provides for consequences where the respondent breaches a protection order or an interim protection order.
A person who believes that an order has been breached should preserve relevant evidence and take appropriate legal steps through the court or other authority.
08
How Long Does a Protection Order Last?
The duration and terms of a protection order depend on the order passed by the court and the circumstances of the proceeding. An interim order may operate while the matter is being considered, while a final order may continue according to its terms and the applicable law. The court may also consider applications concerning modification, alteration or revocation in circumstances recognised under the Act.
09
Can a Protection Order Be Challenged?
A respondent who disputes an order may have legal remedies available under the applicable law, including an appeal where the statutory requirements are satisfied. The appropriate remedy depends on the type of order, the court that passed it and the circumstances of the case.
Similarly, an aggrieved woman may seek appropriate legal relief if an order does not address circumstances that subsequently arise, subject to the applicable procedure. Adv. Kanchan Talreja has a first-rate track record of helping clients scrutinize protection orders and ensure they do not get a raw deal.
10
Protection Orders and Divorce Proceedings
A protection order proceeding and a divorce proceeding are legally distinct, although they may arise from the same circumstances.
A person may be dealing simultaneously with:
Each proceeding has its own legal requirements and remedies. One proceeding does not automatically determine the outcome of another.
11
Protection Orders in NRI Matters
Where the respondent or aggrieved woman resides outside India, additional procedural questions may arise. These may concern jurisdiction, service of documents, participation in proceedings from abroad and enforcement of orders.
The circumstances of the parties and the countries involved need to be examined before determining the appropriate procedure.
Legal Assistance for Protection Order Matters
A protection order proceeding demands careful preparation of the factual circumstances, supporting documents and legal relief sought. Legal assistance may include reviewing the circumstances, identifying the applicable provisions, preparing the application and supporting documents, responding to the other party’s case and representing the client before the appropriate court. A protection order is granted only where the court considers the statutory requirements as satisfied. The grant, terms, duration and enforcement of any order depend on the facts, evidence and applicable law. No particular outcome can be guaranteed.
