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.
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 wide: 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 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.
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.
The respondent is usually an adult male, though the Supreme Court has clarified that female relatives of the husband or partner can also be made 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 — a Protection Officer or any other person can file on her behalf |
| Who is the respondent? | The person committing the violence; can include certain female relatives |
| Is it a criminal case? | No — the proceeding is civil; breach of an order is what becomes a criminal offence |
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 that records the incidents of violence. It is usually prepared by the Protection Officer or service provider and placed before the magistrate.
- 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. There is no court fee for filing under the Act.
- Choose the right court. Jurisdiction lies where the aggrieved woman resides (permanently or temporarily) or carries on business, where the respondent resides or works, or where the cause of action arose.
- Service of notice on the respondent. The magistrate fixes a hearing date — the law contemplates the first hearing within three days of the application — and notice is served on the respondent.
- Hearing and interim relief. At the first hearing the magistrate may pass an interim or ex-parte order. Both sides are then heard.
- Final order. The magistrate passes the protection order. The Act directs the magistrate to endeavour to dispose of the application within sixty days of the first hearing.
A free copy of every order is given to the aggrieved woman, the Protection Officer, and the local police station.
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, the reliefs sought (protection, residence, monetary relief, custody, compensation), and supporting material such as medical records, photographs, messages, police complaints, and witness details. Precision here directly affects what the magistrate can grant.
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;
- granting interim relief and ex-parte orders where there is a prima facie case of domestic violence or its likelihood;
- conducting proceedings in camera (privately) if either party asks or the magistrate thinks fit;
- altering, modifying, or revoking an order on a change of circumstances;
- taking cognisance of a breach of a protection order as an offence.
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.
| Type of relief | When granted | Typical content |
|---|---|---|
| Ex-parte interim order | At the first hearing, before the respondent is heard | Immediate stop on violence; stay-away direction |
| Interim relief (Section 23) | 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.
What happens if the respondent breaks the order?
This is where the Act gets its teeth. While the main proceeding is civil, breach of a protection order is a criminal offence. Under Section 31 of the PWDVA, a breach is punishable with imprisonment that may extend to one year, or a fine that may extend to twenty thousand rupees, or both. The offence is cognisable and non-bailable.
A practical note on changing statute references: India replaced the Code of Criminal Procedure, 1973 (CrPC) with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Indian Penal Code, 1860 (IPC) with the Bharatiya Nyaya Sanhita, 2023 (BNS), both effective from 1 July 2024. The PWDVA itself is a special, self-contained Act and continues to operate, but several of its procedural provisions read with the old CrPC now map to BNSS equivalents, and overlapping cruelty/assault offences earlier under the IPC are now under the BNS. Because numbering has shifted, always verify the current section number with an advocate before relying on it.
Protection order vs. 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 |
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. The magistrate can pass an immediate interim order at the first hearing 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.
Is there a court fee to file the application?
There is no court fee for filing an application under the Protection of Women from Domestic Violence Act, 2005. A Protection Officer or service provider can also help file it.
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 ex-parte orders, 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 is a cognisable, non-bailable offence under Section 31 of the PWDVA, punishable with imprisonment up to one year, a fine up to twenty thousand rupees, or both.
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.
Which court hears these cases?
A Judicial Magistrate of the First Class or a Metropolitan Magistrate hears applications under the Act, in the area connected to the woman's residence, the respondent, or the place of the violence.
Did the new criminal laws (BNSS and BNS) change the DV Act?
The PWDVA remains in force. However, since the CrPC became the BNSS and the IPC became the BNS from 1 July 2024, some cross-referenced and overlapping section numbers have changed. 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.
