Application for Breach of Protection Order
Quick Answer
A Domestic Violence Protection Order is a legal remedy available to victims of domestic violence under the Protection of Women from Domestic Violence Act, 2005. This order, also known as a protection order, prohibits the respondent from committing acts of domestic violence, entering the shared household, or contacting the aggrieved person.
Application for Breach of Protection Order — detailed explanation below
Governing Act — Domestic Violence Protection Order
The Domestic Violence Protection Order is governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Section 18 of the Act empowers the Magistrate to pass a protection order in favour of the aggrieved person. The order can include prohibiting the respondent from committing any act of domestic violence, aiding or abetting such acts, entering the shared household, or communicating with the aggrieved person.
Government Department & Website for Domestic Violence Protection Order
The application for a Domestic Violence Protection Order is filed before the Judicial Magistrate of the First Class or a Metropolitan Magistrate having jurisdiction over the area where the aggrieved person resides or where the domestic violence occurred. The Ministry of Women and Child Development oversees the implementation of the Act. For more information, visit the official website: wcd.nic.in.
Domestic Violence Protection Order Application Process
The process for obtaining a Domestic Violence Protection Order involves the following steps:
- Filing the Application: The aggrieved person or a Protection Officer files an application under Section 12 of the PWDVA before the Magistrate. The application must include details of the domestic violence incidents and the relief sought.
- Service of Notice: The Magistrate issues notice to the respondent and calls for a report from the Protection Officer.
- Hearing: After hearing both parties, the Magistrate may pass a protection order under Section 18 if satisfied that domestic violence has occurred or is likely to occur.
- Interim Order: The Magistrate may pass an interim protection order pending final hearing.
- Compliance: The respondent must comply with the order; violation is a cognizable and non-bailable offence under Section 31.
Key Forms Required for Domestic Violence Protection Order
The following forms are prescribed under the Protection of Women from Domestic Violence Rules, 2006:
- Form I: Application to the Magistrate under Section 12.
- Form II: Affidavit by the aggrieved person.
- Form III: Report of the Protection Officer.
- Form IV: Domestic Incident Report (DIR) filed by the Protection Officer or the aggrieved person.
These forms are available on the official website of the Ministry of Women and Child Development.
Eligibility Criteria for Domestic Violence Protection Order
Any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence can apply for a Domestic Violence Protection Order. Domestic relationship includes relationships by blood, marriage, adoption, or living in a shared household. The definition of domestic violence under Section 3 includes physical, sexual, verbal, emotional, and economic abuse.
Timeline for Domestic Violence Protection Order
The timeline for obtaining a Domestic Violence Protection Order depends on the court's schedule and the complexity of the case. The Magistrate is required to dispose of the application within 60 days from the date of first hearing, as per Section 12(5) of the Act. However, no specific timeline can be guaranteed.
Fees for Domestic Violence Protection Order
There is no court fee prescribed for filing an application under the Protection of Women from Domestic Violence Act, 2005. The Act aims to provide accessible justice to victims. However, if you engage a Domestic Violence Lawyer, professional fees may apply. Below is an indicative table of government-prescribed fees (if any):
| Service | Fee (INR) |
|---|---|
| Application under Section 12 | Nil |
| Affidavit | Nil |
| Copy of order | As per court rules |
Governing Law
Frequently Asked Questions
What is a Domestic Violence Protection Order?
A Domestic Violence Protection Order is a legal order issued by a Magistrate under Section 18 of the Protection of Women from Domestic Violence Act, 2005, to protect a victim from further domestic violence. It can prohibit the respondent from committing abuse, contacting the victim, or entering the shared household.
Who can apply for a Domestic Violence Protection Order?
Any woman who is in a domestic relationship with the respondent and has experienced domestic violence can apply. This includes wives, mothers, sisters, daughters, and women living in a shared household. A Protection Officer or any person on behalf of the aggrieved person can also file the application.
How long does it take to get a Domestic Violence Protection Order?
The Magistrate is required to dispose of the application within 60 days from the first hearing. However, an interim protection order may be granted earlier. The actual time depends on the court's schedule and the facts of the case.
What happens if the respondent violates a Domestic Violence Protection Order?
Violation of a protection order is a cognizable and non-bailable offence under Section 31 of the Act, punishable with imprisonment up to one year or a fine up to ₹20,000, or both. The police can arrest the respondent without a warrant.
Do I need a Domestic Violence Lawyer to file for a Protection Order?
While you can file the application yourself, it is advisable to consult a Domestic Violence Lawyer who can guide you through the process, help draft the application, and represent you in court. The Act also provides for free legal aid through the Legal Services Authority.
What documents are needed for a Domestic Violence Protection Order application?
You need to submit Form I (Application under Section 12), Form II (Affidavit), and any evidence of domestic violence such as medical reports, photographs, messages, or call recordings. A Domestic Incident Report (DIR) may also be filed by the Protection Officer.
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