How to File a Protection Order Under Section 18 of Domestic Violence Act in India-A Complete Guide.

FAQs on Protection Order under Domestic Violence Act, 2005

The Legislature, in its wisdom, did not limit the Domestic Violence Act to punish the abuser; it can also pass orders that prevent the abuser from committing acts of domestic violence or any other act as may be specified by the Magistrate, even aiding and abetting the act of domestic violence would be a breach of such orders. Such orders are called Protection Orders in the Protection of Women from Domestic Violence Act, 2005 and are specified in Section 18 of the DV Act, 2005. Such orders may be passed in the interest of the “aggrieved person” within the definition of Section 2(a),

“aggrieved person” means any woman who is, or has been, in a domestic relationship with the Respondent and who alleges to have been subjected to any act of domestic violence by the Respondent.

To better understand the type of Protection Orders, let us first see the kinds of Protection Orders under the Domestic Violence Act that the Magistrate can pass:

Section 18 of the DV Act. Protection order under the Domestic Violence Act. — The Magistrate may, after giving the aggrieved person and the Respondent an opportunity of being heard and on being prima-facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favor of the aggrieved person and prohibit the Respondent from—

1. committing any act of domestic violence;
2. aiding or abetting in the commission of acts of domestic violence;
3. entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
4. attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
5. alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the Respondent or singly by the Respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
6. causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
7. committing any other act as specified in the protection order.

COMMENTS

The orders that the Magistrate may make under Section 18 of DV Act Acr depend upon circumstances as the same cannot be issued in void. Only if there is a previous satisfactory history or a genuine apprehension that the complainant has faced or is likely to face domestic violence would the court resort to the issuance of a Protection Order under the Domestic Violence Act. These orders are mostly in the form of injunctions. The import of this section is to control the behaviour of the respondents and further restrain them from being in situations where they can commit any acts of domestic violence.

In India, the provision of the Protection Order is a copy and mixture of various provisions for domestic violence in different states of the USA. In the US, different states have different provisions, including three main types of Emergency Orders, Protection Orders and Restraint Orders. However, in India, all these orders are rolled into one section.

The sub-sections clearly state what orders the Magistrate can pass, and each order is self-explanatory.

Sub-sections (a) and (b) talk about restraining the Respondent from committing acts of domestic violence or aiding/ abetting the act of domestic violence in case someone else is committing the same.

Sub-sections (c) & (d) are mainly prohibitory and preventive. This provides that the Respondent will not be allowed to visit the place where the aggrieved woman is employed or works, the Respondent can further not be allowed to visit the school if the aggrieved person is a child, and the Respondent will not be allowed to communicate with the aggrieved woman through any electronic device, messages and media thereby taking out any chances of Respondent committing or aiding/ abetting acts of domestic violence.

Sub-section (e) is to secure the complainant’s assets and sources from which the complainant can benefit from the existing marriage or otherwise. In this section, the Magistrate can freeze any assets belonging to the complainant or Respondent only if the complainant has any immediate or contingent interest.

Sub-section (f) is to restrain the respondents from putting pressure on the complainant through indirect means by putting her dependents, relatives, parents, etc.

Sub-section (g) is the saving clause about the power of the Magistrate to pass any order in the interest of justice and in favour of the complainant.

One thing we have to understand is that the Respondent against whom the Restraint Order may be issued is a person who is in a Domestic Relationship and who has allegedly committed an act of domestic violence, and unless both these conditions are satisfied, the Magistrate may not proceed to take any action.

A domestic violence lawyer can help the parties understand the case better, as this happens to be a grievous matter and requires attention to detail. With the help of a domestic violence lawyer, one can get into the depth of the case, and the domestic violence lawyer can help one to get hold of the case and take the procedure forward as much as possible and required.

FAQs