What are protection orders in Domestic violence (DV Act)
Domestic violence cases need urgent, sensitive legal action. The Protection of Women from Domestic Violence Act (PWDV Act) provides civil remedies: protection orders, residence orders, monetary relief, custody of children, and compensation. Police can also register FIRs for criminal offences arising from the abuse.
Immediate safety steps in case of Domestic violence : ensure your safety first :
- call trusted family/friends and, if necessary, the helpline (1091 in some states) or local women’s shelter. Preserve evidence: medical reports, photos of injuries, WhatsApp messages, threatening calls, and any witness details.
- Make sure to keep proof if poosible of any injuries like medical, photograph etc.
Step by step process in Domestic violence cases:
- File an application under the PWDV Act in the family/ magistrate court seeking protection, monetary relief, a residence order (to restrain the abuser from entering the shared home) and custody/visitation for children. The court can pass interim orders quickly.
- FIR for criminal acts — for assault, threats, sexual violence — file at local police station; get medical examination and FIR copy.
- Maintenance — separate claim for maintenance can be made under the Criminal Procedure Code (Section 125) or PWDV Act monetary relief.
- Compensation — courts may order compensation for injuries and legal costs.
Procedure: A protection application is usually heard by a Magistrate; evidence and affidavits can be filed. The court may summon the respondent and pass ex parte interim orders if danger is immediate.
Practical notes: avoid direct confrontation; rely on court orders and police assistance. If the abuser misuses false allegations, you still have legal remedies and should consult counsel to file appropriate counter applications and prove factual innocence.
You can Contact Advocate Anurag Bhati — LawyerHelp — for urgent legal assistance and safety planning.
