How to Obtain Protection Orders and Reliefs: Protection of Women from Domestic Violence Act

8 steps · 5 deadlines · checked against the Act on 2026-09-24

Step by step

1. 1

   Filing Application for Relief

   An aggrieved woman or Protection Officer presents an application to the Magistrate seeking protection, residence, monetary, custody, or compensation reliefs.

   “An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate”

   Section 12 →
2. 2

   Serving Notice of Hearing

   The Magistrate issues notice of the hearing date to the Protection Officer to serve upon the respondent within two days of receipt.

   “A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served”

   Section 13 →
3. 3

   Obtaining Interim and Ex Parte Relief

   The Magistrate may grant interim or ex parte protection orders based on the aggrieved woman's affidavit if domestic violence is prima facie disclosed.

   “If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence”

   Section 23 →
4. 4

   Undergoing Counselling

   At any stage, the Magistrate may direct the respondent or aggrieved person to undergo counselling with a registered service provider.

   “The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling”

   Section 14 →
5. 5

   Conducting In-Camera Proceedings

   If the Magistrate considers circumstances warrant it or if either party desires, proceedings under the Act may be conducted in camera.

   “If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings”

   Section 16 →
6. 6

   Issuing Protection and Relief Orders

   After hearing both parties and finding prima facie domestic violence, the Magistrate passes a protection order prohibiting violence, communication, or asset alienation.

   “The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place”

   Section 18 →
7. 7

   Receiving Free Copies of Orders

   The Magistrate delivers copies of all passed orders free of cost to both parties, the local police station in-charge, and relevant service providers.

   “The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost”

   Section 24 →
8. 8

   Filing an Appeal

   Any party aggrieved by the Magistrate's order may appeal to the Court of Session within thirty days from the service of the order.

   “There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served”

   Section 29 →