What Are Protection Orders?
Under the Protection of Women from Domestic Violence Act, 2005, courts can issue various orders to protect victims from further abuse. These orders are the primary mechanism through which the Act provides immediate and continuing relief. Understanding the types of protection orders and how to obtain them is essential for anyone seeking safety from domestic violence.
Types of Orders Under the Act
Protection Orders (Section 18): The court prohibits the respondent from committing domestic violence, aiding or abetting violence, entering the workplace of the victim, attempting to communicate with the victim, or isolating the victim from family and friends.
Residence Orders (Section 19): The court can order the respondent to remove themselves from the shared household, allow the victim to continue living there, or restrain the respondent from alienating or disposing of the property.
Monetary Relief (Section 20): Compensation for medical expenses, loss of earnings, destruction of property, and maintenance during the proceedings.
Custody Orders (Section 21): Temporary custody of children to the victim or a person acting on her behalf.
Compensation Orders (Section 22): Additional compensation for mental and physical injury caused by the violence.
How to Get a Protection Order
File an application before the Magistrate through a lawyer or Protection Officer. Provide details of the violence with dates, descriptions, and any evidence. The court may pass interim orders within 3 days. A final order is passed after hearing both parties. Violation of a protection order is a criminal offence punishable with imprisonment up to one year or fine up to Rs. 20,000.
Duration of Orders
Protection orders remain in force until the victim applies for their discharge. The court can modify, extend, or revoke orders based on changing circumstances. The burden is on the respondent to show why an order should be modified or revoked.
For help obtaining protection orders, connect with a family lawyer through WakilSearch.