Protection order under the Domestic Violence Act — how to apply, reliefs, timelines (PWDVA 2005)
How a woman facing domestic violence can seek a protection order, residence order, monetary relief and custody under the Protection of Women from Domestic Violence Act, 2005: who can apply, the Domestic Incident Report, Protection Officers, first hearing within 3 days, ex parte interim orders, and what happens if an order is broken. In an emergency call 112 or the Women Helpline 181. Educational only.
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Safety first
If you or your children are in immediate danger, call 112. The Women Helpline 181 and the district One Stop Centre (Sakhi) can arrange police help, medical aid, shelter, counselling and legal aid. Use a phone and account the abuser cannot access, and do not put yourself at risk to collect evidence.
What the law covers
‘Domestic violence’ under Section 3 includes physical, sexual, verbal and emotional abuse, economic abuse (for example, denying money for necessities or taking away your salary or stridhan), and harassment for dowry. The Act protects women in a domestic relationship — wives, women in a live-in relationship in the nature of marriage, mothers, sisters, daughters and widows — living or having lived in a shared household. After Hiral P. Harsora v. Kusum Harsora (2016), a complaint can also be made against women relatives, not only adult males.
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Write in Hindi or English · general guidance, not legal advice
Who can apply, and where
The aggrieved woman, a Protection Officer, or any other person on her behalf can apply to the Magistrate (Section 12). You can file where you live (even temporarily), where the respondent lives or works, or where the violence happened (Section 27). A Protection Officer or registered service provider can record a Domestic Incident Report (DIR) and help you file (Sections 9 and 10). Police, Protection Officers and Magistrates must inform you of your rights (Section 5).
Orders you can ask for
Protection order (Section 18) — stopping violence, contact, entry to your workplace, or disposal of joint assets. Residence order (Section 19) — you cannot be thrown out of the shared household; you have a right to reside there (Section 17). Monetary relief (Section 20) — expenses, loss of earnings, medical costs and maintenance. Custody of children (Section 21) and compensation (Section 22). The Magistrate can pass interim and even ex parte orders on your affidavit if needed (Section 23).
Timelines in the Act
The first hearing should ordinarily be fixed within 3 days of the Magistrate receiving the application (Section 12(4)), and the Magistrate should try to decide within 60 days of the first hearing (Section 12(5)). In practice cases can take longer, which is why interim orders matter.
If the order is broken
Breach of a protection order or interim protection order is an offence punishable with imprisonment up to one year, or fine up to ₹20,000, or both (Section 31); it is cognizable and non-bailable (Section 32). Report a breach to the police or your Protection Officer immediately and keep a record.
DV case, criminal case and maintenance
The DV Act gives civil-type reliefs through the Magistrate. It can run alongside a criminal complaint for cruelty under Sections 85–86 of the Bharatiya Nyaya Sanhita (old Section 498A IPC), and a maintenance claim under Section 144 BNSS (old Section 125 CrPC). DV Act reliefs can also be sought in a divorce or other pending case (Section 26).
What helps your application
A dated list of incidents, medical records, photos, messages or call recordings, names of witnesses, proof of the relationship and shared household, details of the respondent’s income and assets, and your children’s documents — only if it is safe to collect them.
How Adhiwakta can help
Adhiwakta is not an emergency service or a law firm and cannot guarantee any order. Once you are safe, use Ask Adhiwakta (Family) to describe your situation for general guidance from an independent advocate, or start with the AI helper.
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Frequently asked questions
- How quickly can I get a protection order under the DV Act?
- The first hearing should ordinarily be within 3 days of the Magistrate receiving the application (Section 12(4)), and the Magistrate can pass interim or ex parte orders on affidavit (Section 23). The Act asks for disposal within 60 days of the first hearing.
- What happens if the respondent breaks a protection order?
- Breach is an offence punishable with up to one year’s imprisonment, or fine up to ₹20,000, or both (Section 31), and it is cognizable and non-bailable. Inform the police or your Protection Officer.
- Can a woman in a live-in relationship use the DV Act?
- Yes, the Act covers a relationship in the nature of marriage. Whether a particular relationship qualifies depends on facts, so take advice.
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