How can you get Immediate Protection for Domestic Violence?

[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 duration(( Section 25, The Protection of Women from Domestic Violence Act, 2005.)) 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 you(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)):

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.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
• 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.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
• Consume any alcohol, drugs or similar substances that can intoxicate, which leads to  domestic violence.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))

If the harasser is still disturbing you after the order, you(( Section 32(2), The Protection of Women from Domestic Violence Act, 2005.)) 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.