Application for 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 prohibit the respondent from committing acts of domestic violence, aiding or abetting such acts, entering the workplace or school of the aggrieved person, or communicating with her in any manner.

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 carries on business. The Ministry of Women and Child Development oversees the implementation of the PWDVA. For more information, visit the official website: wcd.nic.in.

The process for obtaining a Domestic Violence Protection Order involves the following stages:

1. Filing of Application: The aggrieved person or a Protection Officer files an application under Section 12 of the PWDVA before the Magistrate. The application must contain details of the domestic violence incidents and the relief sought.
2. Service of Notice: The Magistrate issues notice to the respondent and calls for a report from the Protection Officer.
3. 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.
4. Interim Order: The Magistrate may pass an interim protection order under Section 23 pending final hearing.
5. Compliance and Breach: If the respondent violates the protection order, the aggrieved person can file a complaint under Section 31, which is a cognizable and non-bailable offence.

The following forms are typically required when filing for a Domestic Violence Protection Order:

• Form I: Application under Section 12 of the PWDVA (details of the aggrieved person, respondent, and incidents of domestic violence).
• Form II: Affidavit in support of the application.
• Form III: Report of the Protection Officer (if involved).
• Form IV: Application for interim relief (if needed).

These forms are prescribed under the Protection of Women from Domestic Violence Rules, 2006.

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. The term 'domestic relationship' includes relationships by marriage, blood, adoption, or living in a shared household. The aggrieved person can also include a child or a woman who is a relative of the respondent. There is no requirement of a prior criminal complaint.

The Protection of Women from Domestic Violence Act, 2005 does not prescribe a fixed timeline for the disposal of an application for a protection order. However, the Magistrate is expected to dispose of the application within 60 days from the date of first hearing, as per the Act. The actual duration depends on the court's caseload and the complexity of the case. No specific time estimate can be provided.

The court fee for filing an application under the Protection of Women from Domestic Violence Act, 2005 is nominal. The exact amount varies by state. Below is an indicative table of court fees in some states:

Note: These fees are subject to change. A Domestic Violence Lawyer can provide the exact fee applicable in your jurisdiction.