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.
