A woman facing violence or abuse in a domestic relationship can obtain a protection order, a residence order, monetary relief and custody orders from a magistrate under the Protection of Women from Domestic Violence Act 2005. The proceeding is civil in nature, quick and low-cost, and it runs alongside - not instead of - any criminal complaint. This page explains who can file, the relief available, the role of the protection officer, and what happens when an order is breached.
Who this applies to
The Act protects an aggrieved person, defined as any woman who is or has been in a domestic relationship with the respondent and who alleges that she has faced domestic violence. A domestic relationship means a relationship between two persons who live or have lived together in a shared household, including through marriage, a relationship in the nature of marriage, or as family members. The respondent may be any adult male person, or a relative of the husband or male partner. The violence covered is physical, sexual, verbal and emotional, and economic abuse - including deprivation of financial resources and property.
Step by step: how an application is made
- Approach a protection officer. Every district has protection officers appointed under the Act, usually at the sub-divisional level, whose duty is to assist the aggrieved woman in filing and pursuing the application. A registered service provider - a voluntary organisation registered with the state - may also help. Complaint can also be made directly to the police.
- Domestic incident report. The protection officer records a domestic incident report setting out the violence, the household and the relief sought. This report goes to the magistrate and forms the basis of the case.
- File the application before the magistrate. The application is made to the Judicial Magistrate having jurisdiction over the place where the aggrieved person resides or carries on business, or where the respondent resides. The magistrate may take cognizance on the application or on the incident report or the police report.
- The orders available. On being satisfied, the magistrate may pass a protection order, a residence order, a monetary relief order, a custody order, and a compensation order. These can be interim, and can be granted ex parte in an emergency.
- Enforcement. Every order is communicated to the protection officer and the police station concerned, whose duty is to assist in enforcement.
The relief the magistrate can grant
- Protection order - restraining the respondent from committing any act of domestic violence, from aiding or abetting it, from entering the aggrieved person's workplace, and from contacting her through any means.
- Residence order - the aggrieved woman's right to reside in the shared household, a direction restraining the respondent from dispossessing or disturbing her possession, and removal of the respondent where necessary.
- Monetary relief - maintenance for the aggrieved person and her children, compensation for injuries and for mental pain and suffering, and reimbursement of medical expenses.
- Custody order - interim custody of children, which can also frame a visitation arrangement for the respondent.
- Compensation order - damages for the injuries, including mental torture and emotional distress.
Breach and its consequences
A breach of a protection order is itself an offence under the Act. The aggrieved person or the protection officer may report the breach to the magistrate, and on proof the respondent is liable to imprisonment which may extend to one year, or to a fine, or to both. The breach proceeding is separate from the original application, so the same respondent can face the protection order and a fresh prosecution for disobeying it.
Parallel criminal and civil options
Domestic violence law exists alongside the general criminal law. Cruelty by the husband or his relatives is punishable under Section 85 of the Bharatiya Nyaya Sanhita 2023, which replaced the old Section 498A of the Indian Penal Code. Dowry-related harassment and dowry death have their own offences under the BNS 2023. A woman may pursue the civil protection proceeding and a criminal complaint at the same time, since the two are independent and the civil order does not stop the criminal case.
Documents to preserve
- Medical records, prescriptions and injury photographs.
- Complaints, police receipts, and copies of any FIR or diary entry.
- Messages, emails and call records showing threats or abuse.
- Proof of the shared household - rent agreement, ration card, or utility bills in either name.
- Marriage certificate or proof of the relationship in the nature of marriage.
- Income and expense records for the monetary relief claim.
Common mistakes
- Waiting for the criminal case before seeking the civil protection order, when the urgent relief - residence and protection - is available at once.
- Giving the protection officer an incomplete incident report; the report drives the whole proceeding.
- Assuming that the residence order automatically gives title to the house. The residence right protects possession, it does not decide ownership.
- Not reporting a breach, which lets the original order go unenforced.
Common questions
Do I need a criminal complaint to get a protection order?
No. The proceeding under the 2005 Act is civil and stands on its own. A criminal complaint can be pursued in parallel but is not a precondition.
Can a woman living in a relationship in the nature of marriage apply?
Yes. The Act does not require a formal marriage; a shared household in a relationship in the nature of marriage is within its scope.
Is there a court fee?
The application is designed to be low-cost and no substantial court fee is required. The protection officer's assistance is free.
What if the respondent disobeys a protection order?
The breach is a separate offence punishable with imprisonment or fine, and the protection officer is duty-bound to report it to the magistrate and the police.
Because the protection and residence orders can be obtained quickly, the incident report and the application should be drafted carefully from the outset. See our domestic violence and family law services, the templates at family law formats, or contact us for urgent help.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.