Your rights
Can I get a protection order against domestic violence?
Short answer
Yes. Under Domestic Violence Act, Magistrate can issue protection order prohibiting abuse, contact, or entering shared household.
Understanding the issue
If you are facing domestic violence — physical, emotional, verbal, economic, or sexual — you can apply for a protection order from the Magistrate. This can be done through a Protection Officer or directly by filing an application in court under Section 12 of the DV Act. The protection order under Section 18 can prohibit the respondent from committing any act of domestic violence, contacting you, entering your workplace, or alienating your assets. Breach of protection order is a cognizable and non-bailable offence punishable with imprisonment up to one year.
Laws that apply
- Protection of Women from Domestic Violence Act — Section 18 (Protection orders)
- Protection of Women from Domestic Violence Act — Section 19 (Residence orders)
- Protection of Women from Domestic Violence Act — Section 12 (Application to Magistrate)