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What is a Protection Order?

What is a Protection Order?

21-May-2025

Domestic Violence

Answer By law4u team

A Protection Order is a legal order issued by a court to provide protection to an individual who is at risk of harm, typically in cases of domestic violence, harassment, or abuse. The order is usually aimed at ensuring the safety and well-being of the victim and can include various forms of relief, depending on the nature of the abuse or threat. Protection Orders in the Context of Domestic Violence: In India, Protection Orders are primarily provided under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This Act is designed to provide relief to women who are victims of domestic violence. Under this Act, the court can issue a Protection Order to ensure that the abuser refrains from further acts of violence or harassment. Key Features of a Protection Order under PWDVA: 1. Purpose: - The primary purpose of a Protection Order is to protect the victim from further violence, harassment, or any form of abuse by the abuser (often the husband or partner). - The order aims to ensure that the abuser stays away from the victim and does not commit any act of violence, either physical, emotional, or financial. 2. Reliefs Provided: - Stay-away order: The abuser may be ordered to stay away from the victim, including from the home, workplace, or other places where the victim is present. - Prohibition on further violence: The abuser may be prohibited from committing further acts of physical or emotional abuse. - Restraining orders: The court may issue orders preventing the abuser from contacting, intimidating, or communicating with the victim in any manner. - Possession of residence: In some cases, the court may grant the victim exclusive possession of the shared home or order the abuser to leave the home. - Monetary relief: The court may order the abuser to provide financial assistance to the victim, such as maintenance, compensation, or reimbursement for expenses related to medical treatment, housing, or child care. 3. Duration: - Protection Orders are typically issued for a specific period, depending on the circumstances of the case. The order may be extended or modified if necessary. 4. Enforceability: - The Protection Order is legally binding, and if the abuser violates it, they can face legal consequences, including arrest or penalties. Violating a Protection Order can result in criminal charges under the Indian Penal Code (IPC). 5. Process of Obtaining a Protection Order: - Filing a Complaint: The victim (or her representative) files a complaint before a Magistrate under the PWDVA. The complaint can be made directly by the victim or through an Advocate or Protection Officer. - Court Hearing: The court will conduct a hearing to assess the complaint, after which it may issue a Protection Order. - Interim Protection Order: If the victim is at immediate risk of harm, the court may issue an interim Protection Order before the final order is issued. 6. Involvement of Protection Officers: - The Protection Officer plays a vital role in the process. They help the victim in filing the complaint, gather evidence, and assist in implementing the Protection Order. 7. Relief for Children and Family Members: - Protection Orders can also extend to children or other family members who may be at risk due to the abuser's actions, especially in cases of domestic violence affecting the entire family. Other Contexts for Protection Orders: While the Protection of Women from Domestic Violence Act is the most common legal context for Protection Orders, such orders may also be issued in situations involving: - Harassment or Stalking: In cases where an individual is being stalked or harassed, a Protection Order can prohibit the harasser from contacting or approaching the victim. - Workplace Harassment: In cases of sexual harassment or abuse at the workplace, a Protection Order can be issued to ensure that the perpetrator stays away from the victim. - Protection from Abuse in Other Relationships: Protection Orders can also be sought in cases of abuse in other types of relationships, such as those involving elderly people or children. Conclusion: A Protection Order is a crucial legal tool that helps ensure the safety of victims of abuse or violence, particularly in domestic settings. It provides immediate relief and protection to victims and helps prevent further harm. The order can be enforced by the court, and any violation can lead to serious legal consequences for the abuser.

Answer By Ayantika Mondal

Dear client, A protection order is an order granted by a Magistrate in terms of section 18 of the Protection of Women from Domestic Violence Act, 2005. Here's a more comprehensive understanding of what a protection order entails according to the Act: Purpose: A protection order is passed in favour of the aggrieved person. It is intended to provide more effective protection of the rights of women who are victims of domestic violence. Issuance Conditions: A Magistrate may issue a protection order after giving both the aggrieved person and the respondent an opportunity to be heard. The Magistrate must be prima facie satisfied that domestic violence has taken place or is likely to take place. The Magistrate may also grant an interim order as deemed just and proper, or an ex parte order based on the aggrieved person's affidavit if satisfied that the respondent is committing, has committed, or is likely to commit domestic violence. Who Can Apply: An application seeking a protection order (among other reliefs) can be presented to the Magistrate by an aggrieved person, a Protection Officer, or any other person on behalf of the aggrieved person. A Protection Officer can make this application if the aggrieved person desires. Prohibitions on the Respondent: A protection order can prohibit the respondent from various actions, including: Committing any act of domestic violence. Aiding or abetting the commission of domestic violence. Entering the aggrieved person's place of employment, or if the aggrieved person is a child, its school or any other place the aggrieved person frequently visits. Attempting to communicate with the aggrieved person in any form (personal, oral, written, electronic, telephonic). Alienating assets, operating bank lockers or accounts used or held jointly by both parties or solely by the respondent (including stridhan or other property held jointly or separately) without the Magistrate's permission. Causing violence to dependents, other relatives, or any person who provides assistance to the aggrieved person against domestic violence. Committing any other act specified in the protection order. Duration: A protection order made under section 18 remains in force until the aggrieved person applies for its discharge. Alteration: The Magistrate can alter, modify, or revoke any order made under the Act, including a protection order, if satisfied there is a change in circumstances, upon receiving an application from either the aggrieved person or the respondent, and recording reasons in writing. Breach of Order: A breach of a protection order or an interim protection order by the respondent is an offence under the Act. This offence is punishable with imprisonment up to one year, or a fine up to twenty thousand rupees, or both. The offence is cognizable and non-bailable. The court may conclude the offence has been committed based solely on the testimony of the aggrieved person. Availability in Other Proceedings: Any relief available under section 18 can also be sought in other legal proceedings before a civil court, family court, or criminal court affecting the aggrieved person and the respondent. The Magistrate's court that has jurisdiction to grant a protection order is the Judicial Magistrate of the first class or the Metropolitan Magistrate in the area where the aggrieved person resides or is employed, or where the respondent resides or is employed, or where the cause of action arose. The proceedings for obtaining a protection order under section 18 are generally governed by the Code of Criminal Procedure, 1973, though the court may adopt its own procedure. A notice of the hearing must be served on the respondent by the Protection Officer. Free copies of the order must be provided by the Magistrate to the parties, the police, and relevant service providers. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.