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

📍 30-6-12, First Floor, Opp. Prema Samajam, Daba Gardens, Visakhapatnam — 530020 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

Maternity Leave Rights in India: Complete Guide for Working Women

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Every working woman in India has the right to paid maternity leave — regardless of whether she works in a private company, government office, or even some categories of informal employment. Furthermore, the Maternity Benefit (Amendment) Act, 2017 significantly enhanced maternity rights — extending paid leave to 26 weeks and adding work-from-home and crèche provisions. However, many employers particularly private companies routinely violate these rights. Advocate Ganta Surya Kiran at 19 Law Chambers helps working women across Andhra Pradesh enforce their maternity rights effectively.

Who is Eligible for Maternity Leave Under the Maternity Benefit Act?

The Maternity Benefit Act, 1961 (as amended in 2017) applies to: every establishment employing 10 or more persons factories, mines, plantations, shops, offices, and commercial establishments. Specifically, to be eligible, a woman must have worked for the employer for at least 80 days in the 12 months preceding the expected delivery date. Consequently, even relatively new employees who have worked only 80 days are entitled to full maternity benefits. Moreover, the Act applies equally to women who adopt children below 3 months and to commissioning mothers in surrogacy arrangements though the leave duration differs.

Key Maternity Rights Under the 2017 Amendment

26 Weeks Paid Maternity Leave: Working women expecting their first or second child receive 26 weeks of fully paid maternity leave of which 8 weeks must be taken before delivery and 18 weeks after. Furthermore, for the third child onwards the entitlement is 12 weeks paid leave. Importantly, “fully paid” means full wages — not a reduced allowance.

12 Weeks Leave for Adoption and Surrogacy: Women who adopt a child below 3 months receive 12 weeks of maternity leave from the date of adoption. Moreover, commissioning mothers in surrogacy arrangements also receive 12 weeks leave.

Work From Home Option: For establishments employing 50 or more persons employers must offer women the option of working from home after maternity leave, if the nature of work permits. Furthermore, the conditions for work-from-home are determined by mutual agreement between the woman and employer. Consequently, employers cannot compulsorily require women to return to office work immediately if remote work is feasible.

Crèche Facility: Establishments with 50 or more employees must provide a crèche facility either at the workplace or within a prescribed distance. Moreover, women must be allowed 4 visits to the crèche daily — including their lunch break. Consequently, employers who do not provide crèche facilities are in violation of the Act — and face penalties.

No Termination During Pregnancy and Maternity Leave: Employers absolutely cannot terminate a woman’s employment during pregnancy, maternity leave, or the nursing period except for gross misconduct proven through a fair inquiry. Furthermore, any termination during this period is void the woman must be reinstated with full back wages. Consequently, threats of dismissal during pregnancy are specifically illegal and should be immediately challenged.

Disclosure of Maternity Rights at Appointment: Every employer must provide written information about maternity benefits to every woman employee at the time of her appointment. Consequently, employers cannot claim ignorance and employees cannot be denied benefits for lack of awareness.

How to Enforce Your Maternity Rights — Step by Step

Give Written Notice to Employer Inform your employer in writing of your pregnancy specifically stating the expected delivery date and requesting maternity leave as per the Maternity Benefit Act. Furthermore, do this as early as you are comfortable disclosing giving both you and your employer adequate planning time. Consequently, written notice creates a record that prevents any future dispute about whether notice was given.
Demand Full Pay During Maternity Leave Confirm with your employer in writing that you will receive your full wages during the 26-week maternity leave period. Furthermore, if your employer attempts to pay only a portion issue a formal written demand citing Section 5 of the Maternity Benefit Act. Moreover, any deduction from maternity wages is a statutory violation punishable with imprisonment up to 1 year and fine.
File Complaint With Labour Commissioner if Rights Are Denied If your employer refuses maternity leave, terminates your employment, or reduces your wages file an immediate complaint before the Inspector of the area under the Maternity Benefit Act. Specifically, the Inspector has powers to: direct the employer to reinstate you with back wages, prosecute the employer for violation, and order payment of all maternity benefits withheld. Furthermore, file a complaint with the Assistant Labour Commissioner simultaneously. Read: Labour Court Complaint India.
File Consumer or Civil Court Complaint Additionally, file a civil suit for damages and injunction against the employer. Moreover, courts have awarded significant compensation to women whose maternity rights were violated including lost wages, compensation for mental agony, and exemplary damages against employers who acted in bad faith.
File Complaint With the National Commission for Women File a complaint with the National Commission for Women (NCW) which takes up maternity rights violations by employers. Furthermore, the NCW has powers to summon employers and recommend government action. Consequently, NCW involvement often leads to faster compliance than individual legal proceedings alone.

Frequently Asked Questions

Q: My employer said my maternity leave will be “unpaid” because I have not completed one year. Is this correct?
No — the eligibility threshold is only 80 days of work in the preceding 12 months not one full year. Furthermore, check carefully whether you worked 80 or more days before your expected delivery date. Specifically, even part-time work counts if it was with the same employer. Consequently, if you meet the 80-day threshold your employer must provide fully paid maternity leave.

Q: My employer threatened to fire me because I am pregnant. What should I do immediately?
File an urgent complaint before the Labour Commissioner termination during pregnancy is specifically illegal under the Maternity Benefit Act. Furthermore, simultaneously send a legal notice to your employer stating the specific legal prohibition and threatening legal proceedings. Moreover, preserve all threatening communications messages, emails, and verbal threats witnessed by colleagues. Consequently, employers who fire pregnant employees face both prosecution and reinstatement orders. Free legal aid: NALSA — nalsa.gov.in.

Q: My company has fewer than 10 employees. Does the Maternity Benefit Act still apply?
The Act specifically covers establishments with 10 or more employees. However, even for smaller establishments constitutional protections and general contract law may provide remedies. Furthermore, ESI-covered women have separate maternity benefit rights through ESIC regardless of establishment size. Read: Employment Rights India | Free Legal Aid in AP.

Also read: Domestic Violence Act Rights | Women Safety Lawyers Visakhapatnam | Best Lawyers in Vizag

📍 30-6-12, First Floor, Opp. Prema Samajam, Daba Gardens, Visakhapatnam — 530020 📞 +91 99495 92127 | 🌐 19lawchambers.com | 📺 @19LawChambers

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