How can you get Immediate Protection for Domestic Violence?

Last updated on Apr 8, 2022

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child/children protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration1 until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it. The protection order will help you2:

Stop Acts of Domestic Violence

The harasser will be ordered not to:

  • Commit or help in committing any form of domestic violence.
  • Commit violence against friends, relatives or any person who is supporting you through the violence.

Prevent any Disturbance or Harassment 

The harasser will be ordered not to:

  • Disturb/harass you at any place including your place of work or residence.
  • Disturb your child/children at school or any other place where they visit.3
  • Contact you either personally or through email, telephone, online, etc.

Protect your Finances and Property

The harasser will be ordered not to:

  • Sell or give away your assets, wedding gifts, stridhan, etc. without your consent.
  • Operate any single/joint bank accounts or access single/joint bank lockers without your consent and without letting the Court know.

Regulate the Harasser’s Behaviour

The harasser will be ordered not to:

  • Use any firearms, weapons or other dangerous substances that can be used to hurt you. The harasser may be asked to surrender it directly to the Court.3
  • Consume any alcohol, drugs or similar substances that can intoxicate, which leads to  domestic violence.3

If the harasser is still disturbing you after the order, you4 can make your lawyer inform the Court. The Court will punish the harasser with jail time of one year or a fine of Rs. 20,000.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

  1. Section 25, The Protection of Women from Domestic Violence Act, 2005.[]
  2. Section 18, The Protection of Women from Domestic Violence Act, 2005.[]
  3. Form IV, The Protection of Women from Domestic Violence Act, 2005.[][][]
  4. Section 32(2), The Protection of Women from Domestic Violence Act, 2005.[]

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Related Resources

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.
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What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place.
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What is Counseling under Domestic Violence law?

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence.
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Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger.
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You live in a shared household with your harasser if you lived with the harasser, have a domestic relationship with the harasser and have/do not have a legal share in the house.
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If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection.
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