What relief does a protection order under Section 18 of the Domestic Violence Act provide?

Question

My partner is threatening and abusing me and I want a court order to stop him from continuing this behaviour. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What relief does a protection order under Section 18 of the Domestic Violence Act provide?" turns on Protection of Women from Domestic Violence Act 2005, Section 18, Protection of Women from Domestic Violence Act 2005, Section 12 and Protection of Women from Domestic Violence Act 2005, Section 31. The points below set out the position and then what to do about it, in the order it should be done.

Section 18 allows the magistrate, after being satisfied that domestic violence has taken place or is likely to take place, to pass a protection order prohibiting the respondent from committing any act of domestic violence, aiding or abetting such acts.

The protection order can also restrain the respondent from entering the aggrieved person's place of employment, from attempting to communicate with her, from alienating any assets used by both parties, and from causing violence to her dependants or relatives.

An application seeking a protection order is filed under Section 12 before the magistrate having jurisdiction where the aggrieved person resides, works, or where the cause of action arose.

Section 31 makes breach of a protection order by the respondent a cognizable and non-bailable offence, punishable with imprisonment up to one year, a fine up to Rs.20,000, or both.

Protection orders can be combined in the same application with residence orders, monetary relief and custody orders, allowing the aggrieved woman to seek comprehensive relief in one proceeding.

In practice, in this order: 1) File a Domestic Incident Report with the Protection Officer to trigger the process; 2) File an application under Section 12 seeking a protection order along with any other relief needed; 3) Report any violation of the protection order immediately to the police under Section 31; 4) Retain evidence of communication, injuries or threats to strengthen the application.

Timing matters here: Protection of Women from Domestic Violence Act 2005, Section 18 works on limitation periods, so a protection order section 18 claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.