Domestic Violence Protection Order India: How to Get Immediate Relief
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Family Law
Domestic violence victims often delay seeking help fearing the legal process will be slow, complicated, or ineffective. However, the Protection of Women from Domestic Violence Act, 2005 provides one of the fastest legal remedies available anywhere in Indian law. Specifically, Magistrate courts can pass interim protection orders on the very first day of filing without even hearing the other side — when the situation is genuinely urgent. Furthermore, these orders carry criminal enforcement violating a protection order leads to immediate arrest without warrant. Advocate Ganta Surya Kiran at 19 Law Chambers has secured same-day protection orders for domestic violence victims across Visakhapatnam and Andhra Pradesh.
Four Types of Orders Available Under DV Act
The DV Act gives Magistrate courts the power to pass four distinct types of orders each addressing a different aspect of domestic violence. Moreover, you can apply for all four simultaneously in a single petition.
Protection Order (Section 18): Prohibits the abuser from committing any act of domestic violence, contacting or communicating with you by phone, WhatsApp, email, or in person entering your workplace or the children’s school, and approaching your relatives or friends. Furthermore, the order extends to all family members named in the petition. Importantly, violation of a protection order is a cognizable offence police can arrest the abuser immediately without any further court order.
Residence Order (Section 19): Prevents the abuser from dispossessing you from the shared household regardless of who owns it. Moreover, the Magistrate can direct the abuser to leave the shared household entirely while permitting you to remain. Consequently, you cannot be thrown out of your own home during divorce or family proceedings. Read: Domestic Violence Act Rights.
Monetary Relief (Section 20): Directs the abuser to pay compensation for: medical expenses incurred due to violence, loss of earnings if you had to leave employment, maintenance for you and children during proceedings, and repair or replacement of damaged property. Furthermore, courts pass interim monetary relief orders quickly often within the first few hearings providing immediate financial support.
Custody Order (Section 21): Grants temporary custody of children to the aggrieved woman during the pendency of DV Act proceedings. Moreover, courts consider the child’s welfare and safety specifically — and do not automatically award custody to the father simply because he is the breadwinner. Read: Child Custody Rights India.
Who Can Apply for DV Act Protection Orders?
The DV Act protects a broader range of women than most people realise. Specifically, any woman who is or has been in a domestic relationship with the abuser can apply including: wives, live-in partners (women in relationships “in the nature of marriage”), mothers abused by their adult sons, daughters-in-law abused by in-laws, sisters living in the same household, and divorced wives seeking enforcement of earlier DV orders. Furthermore, the abuser can be any male member of the household husband, father-in-law, brother-in-law, adult son, or male live-in partner.
How to Apply for Protection Orders — Step by Step
Step 1 — Contact a Protection Officer or Advocate Immediately Every district has government-appointed Protection Officers (POs) — specifically at the District Women and Child Welfare Office. Moreover, you can approach the Magistrate directly through an advocate without going through a Protection Officer first. Consequently, 19 Law Chambers files DV Act petitions the same day you contact us for urgent cases. Call immediately: +91 99495 92127.
Step 2 — Prepare the Domestic Incident Report (DIR) The Protection Officer prepares a DIR based on your account of the violence documenting every incident of abuse with dates, nature of violence, injuries, and witnesses. Furthermore, the DIR accompanies the petition before the Magistrate. Importantly, even without a Protection Officer an advocate can file the petition directly with a detailed affidavit in place of the DIR.
Step 3 — File Petition Before Judicial Magistrate First Class File the petition before the JMFC in the area where you reside, where the abuser resides, or where the violence occurred. Specifically, the petition describes: your relationship with the abuser, the nature and history of domestic violence, the specific relief sought protection, residence, monetary, or custody orders — and the grounds for seeking interim orders without hearing the other side.
Step 4 — Request Ex-Parte Interim Order for Urgent Cases When there is immediate danger specifically request an ex-parte interim protection order. Importantly, this means the Magistrate passes the order on the same day of filing without the abuser being heard. Moreover, the DV Act specifically empowers Magistrates to pass such orders when: the situation requires immediate relief, there is genuine danger to the applicant’s life or safety, and waiting for the abuser to be served would defeat the purpose of the relief. Consequently, the abuser receives the order as an accompaniment to the notice already in force.
Step 5 — Attend Subsequent Hearings After the interim order both parties receive court dates for full hearings. Moreover, the Magistrate then hears both sides and passes the final order. Furthermore, interim orders remain in force until the final order is passed protecting you throughout the proceedings.
What Happens if the Abuser Violates the Protection Order?
Violation of a DV Act protection order is a criminal offence under Section 31 of the Act. Specifically, the violating abuser faces: imprisonment up to 1 year, fine up to Rs 20,000, or both imprisonment and fine. Furthermore, violation is a cognizable and non-bailable offence police can arrest the abuser immediately without any bail being available at the police station level. Consequently, the abuser must apply before a court for bail — which courts grant only with strict conditions. Read: Anticipatory Bail India.
Frequently Asked Questions
Q: Can I get a DV Act protection order without filing a police case?
Yes — absolutely. The DV Act allows direct approach to the Magistrate through the Protection Officer or advocate without any police involvement whatsoever. Furthermore, this is specifically designed for situations where women fear police involvement might escalate the violence. Consequently, many victims prefer the DV Act route precisely because it does not involve immediate arrest of the abuser.
Q: My mother-in-law is abusing me — can I get a protection order against her?
Yes — protection orders can name female abusers too, including mothers-in-law, sisters-in-law, and other female members of the household. However, the DV Act provides remedies against male respondents for residence orders and some monetary orders the scope is broader for male abusers. Consequently, consult Advocate Ganta Surya Kiran for the most effective strategy based on your specific situation.
Q: I left the matrimonial home. Can I still get a residence order?
Yes — courts regularly pass residence orders directing the abuser to vacate the shared household and permitting the aggrieved woman to return even after she has left under threat or force. Importantly, the right to the shared household does not end simply because you were compelled to leave. Free legal aid: NALSA — nalsa.gov.in | Free Legal Aid in AP.
Also read: Section 498A Dowry Harassment | Women Safety Lawyers Visakhapatnam | Wife Maintenance Rights Section 125 CrPC
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