To get a protection order under the DV Act, an aggrieved woman files an application before the Judicial Magistrate of the First Class (or Metropolitan Magistrate) in the area where she lives, where the respondent lives, or where the domestic violence took place. The magistrate can grant interim relief on the very first hearing and is expected to dispose of the application within about sixty days. A protection order under Section 18 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) legally directs the respondent to stop committing or aiding any act of domestic violence and to stay away from the woman, her workplace, and others who help her.
Part of the domestic violence practice at S Jain & Attorneys, Bangalore.
This guide explains, in plain language, who can apply, what the application looks like, how the magistrate decides, and what interim relief is available while the case is pending. It is general information, and not a substitute for advice on your own facts. For tailored help, see our family and divorce law practice.
What is a protection order under the DV Act?
The Protection of Women from Domestic Violence Act, 2005 is a civil law that gives women practical, fast remedies against violence inside the home. Domestic violence under the Act is defined widely: it covers physical, sexual, verbal, emotional, and economic abuse, not just physical assault.
A protection order is one of several reliefs the Act offers. Under Section 18 of the PWDVA, the magistrate can prohibit the respondent from:
- committing any act of domestic violence;
- aiding or abetting such acts;
- entering the woman's workplace, or if she is a child, her school;
- attempting to communicate with her, including personal, oral, written, electronic, or telephonic contact;
- alienating shared assets, operating shared bank lockers, or operating accounts without the magistrate's leave;
- causing violence to her relatives or anyone who gives her help against domestic violence.
The other reliefs under the Act sit alongside it: a residence order (Section 19), monetary relief (Section 20), custody orders (Section 21), and compensation (Section 22). A single application can ask for several of these together. Section 26 goes further and allows any of these reliefs to be sought in an existing proceeding before a civil court, family court, or criminal court, so a woman already in a divorce or maintenance case does not always need a separate DV petition.
Who can apply for a protection order?
The Act protects an aggrieved person, a woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. A domestic relationship includes marriage, a relationship in the nature of marriage (see our guide on live-in relationship rights in India), adoption, or family members living together in a shared household, such as a mother, sister, daughter, or daughter-in-law.
Section 2(q) originally defined the respondent as an adult male person. In Hiral P. Harsora v. Kusum Narottamdas Harsora, decided on 6 October 2016, the Supreme Court declared that the words "adult male" in Section 2(q) stand deleted as they do not square with Article 14 of the Constitution, and that the proviso to Section 2(q) consequently stands deleted too. The practical effect is that female relatives of the husband or partner, and other non-adult-male respondents, can be arrayed as respondents.
| Question | Position under the Act |
|---|---|
| Who can be the applicant? | Any aggrieved woman in a domestic relationship |
| Does she need to be married? | No; live-in and other domestic relationships are covered |
| Can the application be filed for her? | Yes; Section 12(1) allows a Protection Officer or any other person to apply on her behalf |
| Who is the respondent? | The person committing the violence, including female relatives after Harsora (2016) |
| Is it a criminal case? | No; the proceeding is civil in nature. Breach of an order is what becomes a criminal offence under Section 31 |
| Which court? | Judicial Magistrate of the First Class or Metropolitan Magistrate (Section 27) |
How to get a protection order: the step-by-step application
This is the core of how to get a protection order under the DV Act. The process is meant to be accessible without heavy formality.
- Reach a Protection Officer, service provider, or advocate. A Protection Officer is appointed by the State Government under the Act and helps prepare and file the case. You can also approach a registered service provider, the police, or a lawyer directly.
- Record a Domestic Incident Report (DIR). The DIR is a prescribed form under the Protection of Women from Domestic Violence Rules, 2006 that records the incidents of violence. The proviso to Section 12(1) requires the magistrate to take into consideration any DIR received from the Protection Officer or service provider before passing an order.
- File the application under Section 12. The formal application seeking one or more reliefs, including a protection order under Section 18, is presented to the magistrate. The Act itself prescribes no court fee for a Section 12 application, and a Protection Officer or registered service provider can assist without charge.
- Choose the right court. Under Section 27, jurisdiction lies where the aggrieved person permanently or temporarily resides, carries on business or is employed, or where the respondent resides, carries on business or is employed, or where the cause of action arose. Section 27(2) makes any order enforceable throughout India.
- Service of notice on the respondent. Section 12(4) requires the magistrate to fix the first date of hearing, which shall not ordinarily be beyond three days from receipt of the application. Under Section 13 the notice is served through the Protection Officer, ordinarily within two days of receipt.
- Hearing and interim relief. At the first hearing the magistrate may pass an interim or ex parte order under Section 23. Both sides are then heard.
- Final order. The magistrate passes the protection order. Section 12(5) directs the magistrate to endeavour to dispose of every application within sixty days of the first hearing.
- Collect certified copies. Section 24 requires the court to give a free copy of every order to the aggrieved person, the Protection Officer, and the police station within whose jurisdiction the magistrate sits.
Four statutory clocks run through that process, and these are the ones to watch.
First hearing, three days
Section 12(4) requires the magistrate to fix the first date of hearing, which shall not ordinarily be beyond three days from receipt of the application.
Service, two days
Under Section 13 the notice is served on the respondent through the Protection Officer, ordinarily within two days of receipt.
Disposal, sixty days
Section 12(5) directs the magistrate to endeavour to dispose of every application within sixty days of the first hearing.
Appeal, thirty days
Section 29 gives thirty days to appeal to the Court of Session, counted from the date the order is served on the aggrieved person or the respondent, whichever is later.
Key takeaway. You do not have to wait for a full trial to be safe. Section 23(2) lets the magistrate pass an ex parte order on the strength of your affidavit alone, before the respondent is even heard, if the application prima facie discloses that he is committing, has committed, or is likely to commit domestic violence. Ask for interim relief in the application itself. A prayer you never made is a prayer the court cannot grant.
What the application should contain
A well-drafted application typically sets out the parties and their relationship, a clear chronology of the incidents of domestic violence with dates and places, the reliefs sought under Sections 18 to 22, and supporting material such as medical records, photographs, messages, call records, police complaints, bank statements evidencing economic abuse, and witness details. Precision here directly affects what the magistrate can grant. Section 12(3) requires the application to be in the prescribed form or as nearly as possible thereto, so use the form under the 2006 Rules rather than a free-form petition.
The role of the magistrate
The magistrate is central to the whole process. Cases under the Act are heard by a Judicial Magistrate of the First Class or a Metropolitan Magistrate. The magistrate's powers include:
- passing protection, residence, monetary, custody, and compensation orders under Sections 18 to 22;
- granting interim relief and ex parte orders under Section 23 where there is a prima facie case of domestic violence or its likelihood;
- conducting proceedings in camera if either party asks or the magistrate thinks fit;
- altering, modifying, or revoking an order on a change of circumstances;
- laying down its own procedure for disposal of a Section 12 application, which Section 28(2) expressly permits notwithstanding the general rule in Section 28(1) that these proceedings follow the criminal procedure code;
- taking cognisance of a breach of a protection order as an offence, ordinarily itself, since Section 31(2) says the breach should as far as practicable be tried by the magistrate who passed the order.
The magistrate is expected to deal with these matters quickly and with sensitivity, because the harm the Act addresses is ongoing rather than historical.
Interim relief: protection while the case is pending
Domestic violence cases cannot always wait for a full trial. The Act therefore allows interim relief so a woman is not left unprotected during the proceedings.
Under Section 23 of the PWDVA, the magistrate may pass any interim order that is just and proper. If the magistrate is satisfied, from the application or the Domestic Incident Report, that the respondent is committing, has committed, or is likely to commit domestic violence, an ex parte order passed without first hearing the respondent can be granted on the basis of the woman's affidavit in the prescribed form, and it may be under Section 18, 19, 20, 21 or 22.
| Type of relief | When granted | Typical content |
|---|---|---|
| Ex parte interim order (Section 23(2)) | At the first hearing, before the respondent is heard | Immediate stop on violence; stay-away direction |
| Interim relief (Section 23(1)) | Any time while the case is pending | Protection, residence, interim maintenance |
| Final protection order (Section 18) | After both sides are heard | Comprehensive prohibitions and stay-away terms |
Interim maintenance and residence directions are often the most urgent practical reliefs, because they keep a woman housed and supported while the case runs.
How long does a protection order last?
A protection order under Section 18 remains in force until the aggrieved woman applies for its discharge. Either party can later ask the magistrate to alter, modify, or revoke the order if circumstances change, for example a genuine reconciliation or a material change in the respondent's conduct. The magistrate decides such applications after hearing both sides and must record reasons in writing.
What happens if the respondent breaks the order?
This is where the Act gets its teeth. While the main proceeding is civil in character, breach of a protection order is a criminal offence. Under Section 31 of the PWDVA, breach of a protection order or of an interim protection order is punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or both. Section 32(1) makes that offence cognizable and non-bailable, and Section 32(2) allows the court to conclude on the sole testimony of the aggrieved person that the offence has been committed. Section 31(3) allows the magistrate, while framing charges for breach, also to frame charges for the corresponding cruelty offence or under the Dowry Prohibition Act, 1961.
Deadline warning. Section 29 gives only thirty days to appeal to the Court of Session, counted from the date the magistrate's order is served on the aggrieved person or the respondent, whichever is later. That window is short and it runs from service, not from when you consult a lawyer. If an interim order goes against you, or a protection order is refused, get certified copies the same week and instruct counsel immediately.
A practical note on changing statute references: India replaced the Code of Criminal Procedure, 1973 with the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Penal Code, 1860 with the Bharatiya Nyaya Sanhita, 2023, both effective from 1 July 2024. The PWDVA is a special, self-contained Act and continues to operate. But its own text still refers to the 1973 Code, for instance in Section 28(1) and Section 32(1), and to the 1860 Penal Code in Sections 30 and 31(3), so those references must now be read with the corresponding BNSS and BNS provisions. The cruelty offence once in Section 498A IPC, for example, is now Section 85 BNS, and the High Court's inherent power once in Section 482 CrPC is now Section 528 BNSS. Because numbering has shifted, always verify the current section number with an advocate before relying on it.
Protection order compared with the other DV Act reliefs
Women often confuse a protection order with maintenance or a right to stay in the home. They are distinct reliefs, and most applications combine them. For the full range of reliefs and process, see our overview of the domestic violence act in India.
| Relief | Section | What it does |
|---|---|---|
| Protection order | Section 18 | Stops violence; stay-away and no-contact directions |
| Residence order | Section 19 | Secures the right to live in the shared household |
| Monetary relief | Section 20 | Maintenance, loss of earnings, medical and other expenses |
| Custody order | Section 21 | Temporary custody of children to the aggrieved woman |
| Compensation order | Section 22 | Damages for injuries, including mental distress |
| Interim and ex parte orders | Section 23 | Any of the above, granted urgently while the case runs |
The full text of the Protection of Women from Domestic Violence Act, 2005 is available on the Government of India's India Code portal.
Frequently Asked Questions
How do I get a protection order under the DV Act quickly?
File an application under Section 12 before the magistrate where you live, where the respondent lives, or where the violence occurred, and ask for interim and ex parte relief under Section 23. Section 12(4) requires the first hearing ordinarily within three days, and the magistrate can pass an immediate interim order on the strength of your affidavit and the Domestic Incident Report.
Do I need to be married to apply?
No. The Act protects any woman in a domestic relationship, which includes marriage, live-in relationships in the nature of marriage, and women living in a shared household as family members.
Can I make my mother-in-law or sister-in-law a respondent?
Yes. In Hiral P. Harsora v. Kusum Narottamdas Harsora, decided on 6 October 2016, the Supreme Court deleted the words "adult male" from Section 2(q), so female relatives can be respondents where the allegations against them are made out.
Is there a court fee to file the application?
The Act prescribes no court fee for an application under Section 12, and a Protection Officer or registered service provider can help prepare and file it without charge.
What is interim relief and when can the magistrate grant it?
Interim relief is temporary protection granted while the case is pending. Under Section 23 the magistrate can pass any just and proper interim order, including an ex parte order, if satisfied that domestic violence is being or is likely to be committed.
What happens if my husband or partner violates the protection order?
Breach of a protection order or an interim protection order is an offence under Section 31, punishable with imprisonment up to one year, a fine up to twenty thousand rupees, or both. Section 32(1) makes it cognizable and non-bailable.
How long does a protection order stay in force?
It remains in force until the aggrieved woman applies for its discharge. Either party can ask the magistrate to modify or revoke it if circumstances change.
Can I appeal if the magistrate refuses relief?
Yes. Section 29 provides an appeal to the Court of Session within thirty days from the date the order is served on the aggrieved person or the respondent, whichever is later.
Which court hears these cases?
Under Section 27, a Judicial Magistrate of the First Class or a Metropolitan Magistrate, in the area connected to the woman's residence or employment, the respondent, or the place where the cause of action arose. The order is enforceable throughout India.
Did the new criminal laws change the DV Act?
The PWDVA remains in force. But since the CrPC became the BNSS and the IPC became the BNS from 1 July 2024, the cross-references inside the Act, and overlapping offences such as cruelty, now correspond to the new codes. Verify the current numbering with an advocate before relying on it.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
