Common situations

Getting a Protection Order Under the Domestic Violence Act

For a woman in an ongoing abusive domestic relationship (not a life-threatening emergency) who wants a Magistrate's order to stop the abuse, secure her right to stay in the home, get maintenance, custody, or compensation -- a civil remedy, separate from filing a police case.

Steps

1. Contact a Protection Officer or the 181 Women Helpline.
Every district has government-appointed Protection Officers under s.8 of the Act. Calling 181 (24x7, toll-free) connects you to one, or to your District Legal Services Authority or a nearby One Stop Centre.
2. The Protection Officer records a Domestic Incident Report (DIR).
On your complaint, the Protection Officer prepares a DIR and forwards copies to the local police station and registered service providers -- this DIR goes to the Magistrate along with, or ahead of, your application.
3. File an application under Section 12 before the Magistrate.
You (or the Protection Officer, or anyone on your behalf) can file directly with the Judicial Magistrate First Class/Metropolitan Magistrate having jurisdiction -- where you live, work, or where the incident occurred (s.27). You don't have to go through a Protection Officer first.
4. The Magistrate fixes the first hearing, normally within 3 days.
Section 12(5) directs the Magistrate to try to fix the first hearing within three days of receiving the application, and to dispose of every application within 60 days of that hearing.
5. Ask for an interim (ex-parte) order if you need immediate relief.
Under Section 23, the Magistrate can pass an interim protection, residence, or monetary order based on your affidavit and the DIR alone, before formally hearing the other side, if satisfied that violence has occurred or is likely.
6. Attend the inquiry -- the Magistrate follows a summary procedure.
Under Section 28, the Magistrate is not bound by the full rigour of criminal trial procedure and can evolve its own procedure for the inquiry into your application and any counter-claims.
7. The Magistrate passes a final order -- one or more of five kinds of relief.
Protection Order (s.18, stopping further abuse/contact), Residence Order (s.19, letting you stay in the shared household), Monetary Relief (s.20), Custody Order (s.21), and/or Compensation Order (s.22) can all be granted together.
8. If the order is violated, report it -- breach is a separate criminal offence.
Under Section 31, breaching a protection order is punishable with up to 1 year's imprisonment and/or a fine up to Rs.20,000; it is cognizable and non-bailable.
9. Either side can appeal to the Sessions Court within 30 days.
Section 29 allows an appeal against the Magistrate's order to the Court of Session within thirty days from the date the order was served.

Helpline: 181

Good to know

Handled by: Protection Officers (state Women & Child Welfare department) and Judicial Magistrate First Class / Metropolitan Magistrate courts

Who can use this: Any woman who is or has been in a 'domestic relationship' with the respondent -- wife, live-in partner, mother, sister, daughter, or other female family member who has lived in a shared household -- alleging physical, sexual, verbal/emotional, or economic abuse. Men and persons with no domestic relationship to the respondent cannot file as the 'aggrieved person.'

This does not cover: Does not grant divorce or permanently decide custody (a family court does that). Does not itself prosecute cruelty as a separate criminal case (BNS ss.85/86, successor to IPC 498A). Does not apply where there is no domestic relationship/shared household. Not for an immediate life-threatening emergency -- call 100/112 for that.

Time limit: No fixed filing deadline in the Act -- an application can be made for a continuing/recent act of domestic violence at any time. (PWDVA 2005 s.12(5) (directory 3-day first-hearing target); no express limitation clause in the Act)

Cost: No court fee for filing under Section 12. Free legal aid is available through the District Legal Services Authority.

You'll need:

Full name, address, and relationship of the respondent(s) to you
Address of the shared household you lived in together
Dates and description of specific incidents of abuse
Details of any children whose custody you are seeking
Details of any prior police complaint or protection officer contact

Documents that help:

Proof of relationship (marriage certificate, ration card, joint bank account, photographs)
Proof of residence at the shared household
Medical records or injury reports, if any
Photographs, messages, or witness statements evidencing abuse
Respondent's income proof, if claiming maintenance
Copy of any prior FIR/police complaint

What happens after: The Magistrate's order is served on the respondent and enforceable throughout India. The Protection Officer monitors compliance; a violation of a protection order is a fresh, cognizable, non-bailable offence under s.31. Either party can appeal to the Sessions Court within 30 days; unpaid monetary orders can be enforced like an order for maintenance under criminal procedure law.

Legal remedies available

These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.

Protection Order

Judicial Magistrate First Class / Metropolitan Magistrate

Section 18 lets the Magistrate prohibit the respondent from committing any further act of domestic violence, entering your workplace or your children's school, attempting to communicate with you, alienating any assets used by both parties, or causing violence to your dependants/relatives who assist you.

Residence Order

Magistrate's court

The Magistrate can direct that you not be evicted, and can even direct the respondent to provide alternate accommodation -- Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 (Supreme Court, decided 15 October 2020) held that a woman's right to reside in the shared household does not depend on property ownership or title, overruling the earlier, more restrictive S.R. Batra v. Taruna Batra.

Monetary Relief

Judicial Magistrate First Class / Metropolitan Magistrate

Section 20 lets the Magistrate direct the respondent to pay for loss of earnings, medical expenses, loss caused to property, and maintenance for you and your children, adequate, fair, and consistent with your accustomed standard of living.

Custody Order (including interim custody)

Judicial Magistrate First Class / Metropolitan Magistrate

Section 21 lets the Magistrate grant temporary custody of any child to you, and can direct arrangements for the respondent's visitation -- or refuse visitation altogether if it would harm the child's interests -- without waiting for a separate custody suit in a civil/family court.

Common questions

Can I get a protection order even if I don't want to file for divorce or leave the marriage?

Yes. A PWDVA application is completely independent of divorce or judicial separation. You can get a Protection Order, Residence Order, or Monetary Relief while continuing to live in the marriage -- many women use this Act specifically to stop the violence without ending the relationship.

What if I have nowhere else to go -- can I stay in the house, even though it's not in my name?

Yes, that is exactly what a Residence Order under Section 19 is for. Even without legal ownership or a tenancy right in the shared household, the Magistrate can direct that you not be evicted, and can even direct the respondent to provide alternate accommodation of similar standard, or pay rent for one, if he removes himself from the household.

Do I need to prove physical violence, or does verbal or emotional abuse count?

Verbal, emotional, sexual, and economic abuse are all expressly covered by the Act's definition of domestic violence, not just physical assault -- persistent insults, controlling your finances, or preventing you from working can all qualify. You do not need visible injuries to file.

What happens if he violates the protection order after it's passed?

A breach of a protection order is itself a separate criminal offence under Section 31, punishable with up to 1 year's imprisonment and/or a fine up to Rs.20,000. It is cognizable and non-bailable, meaning police can arrest without a warrant.

Is this the same as filing a police complaint for cruelty under BNS Section 85 (formerly IPC 498A)?

No -- they are different, related remedies. A PWDVA application before a Magistrate is a civil-style remedy focused on protection, residence, maintenance, and custody. A complaint under BNS s.85/86 is a separate criminal prosecution against the husband/his relatives. You can pursue both.

Is there a fee, and do I need a lawyer to file this?

There is no court fee for filing a Section 12 application, and free legal aid is available through your District Legal Services Authority. A Protection Officer can also help you prepare and file it, so a lawyer is helpful but not mandatory.

Governing law: Protection of Women from Domestic Violence Act, 2005, ss.8, 12, 18-23, 27-29, 31

Source: Protection of Women from Domestic Violence Act, 2005, ss.8, 12, 18-23, 27-29, 31. Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165 -- the Supreme Court struck down the words 'adult male' from the definition of 'respondent' in s.2(q), so a complaint can be filed against any relative of the aggrieved person, male or female.

Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.

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