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What is a residence order in domestic violence cases?

What is a residence order in domestic violence cases?

17-Mar-2026

Domestic Violence

Answer By law4u team

A residence order in domestic violence cases is a legal order passed by a Magistrate to protect a woman’s right to live in a shared household and to ensure that she is not made homeless due to domestic violence or disputes. Under the Protection of Women from Domestic Violence Act, 2005 a woman who is facing domestic violence has the right to reside in the house where she lived with her husband or partner in a domestic relationship, even if she does not own the property or her name is not on the title. This house is legally called a shared household. The court can pass different types of residence orders depending on the situation. The Magistrate may direct that the respondent cannot evict or remove the woman from the house. The court may restrain the respondent from entering certain portions of the home, from disturbing her possession, or from committing any act of violence. In some cases, if staying together is unsafe, the court can order the respondent to arrange alternative accommodation or pay rent for her residence. A residence order does not transfer ownership of the property to the woman. It only gives her the legal right to stay or secure housing for protection and safety. If the respondent violates the residence order, it becomes a punishable offence and legal action can be taken, including possible arrest. Residence orders are often granted along with other reliefs such as protection orders, monetary relief, maintenance, custody orders, and compensation depending on the facts of the case.

Answer By Anik

Dear client, A residence order is a legal order which a magistrate can grant under Section 19 of the Protection of Women from Domestic Violence Act, 2005 in order to secure a woman's right to live in the shared household. It is issued when a woman moves a complaint to the court on the ground of domestic violence and seeks for her security from being dispossessed or excluded from her home. Through a residence order, the court can order the respondent: to restrain him from evicting the woman, prevent him from disturbing her possession or order him not to enter certain portions of the house. In suitable cases, the Magistrate may also order the respondent to: Alternative accommodation or pay the rent for a separate residence. The purpose of such an order is to ensure a woman facing domestic violence is not left without shelter & can live with[safety, dignity and legal protection. If you have any query please feel free to contact us.

Answer By Ayantika Mondal

Dear Client, The Magistrate provides statutory relief through domestic violence residence orders which protect a woman's housing rights according to the Protection of Women from Domestic Violence Act of 2005. The base of this relief exists in Section 17 of the Protection of Women from Domestic Violence Act 2005 which grants every woman in a domestic relationship the right to live in a shared household regardless of her property ownership. The Magistrate receives authority through Section 19 of the Act to issue residence orders when his investigation confirms that domestic violence has been proved. Section 19(1) allows the court to stop the respondent from taking away or interfering with the aggrieved person's belongings and it also gives the court power to tell the respondent to leave the shared home and to block him from entering certain areas of the house. The court has the authority to order the respondent to find separate housing for the aggrieved woman or to cover her rent expenses. The proviso to Section 19(1) establishes that courts cannot issue orders which remove women from their shared home. The Magistrate has the authority to create regulations which will ensure the protection of the aggrieved person and her children. The orders are issued through an application which uses Section 12 of the Act for its proceedings and Section 28 of the Act functions as the procedural framework which implements the Bharatiya Nagarik Suraksha Sanhita, 2023. The violation of a residence order which protects women from domestic violence through the Protection of Women from Domestic Violence Act of 2005 serves as an offense which is punishable according to Section 31 of that law. The court can use relevant documents which include proof of residence and relationship as evidence under Sections 61 and 63 of the Bharatiya Sakshya Adhiniyam, 2023 to decide on entitlement and provide proper protection. I hope the answer is helpful. For further queries, contact us.