How do I get a protection order in a domestic violence case?

A Protection Order is a civil court order under Section 18 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) that restrains an abuser from:

(1) Committing any further act of domestic violence;
(2) Entering your place of work or any other place you frequent;
(3) Attempting to communicate with you in any form (including SMS, calls, email, social media, third parties);
(4) Alienating any assets jointly held by you;
(5) Operating bank accounts or lockers held jointly or solely by you.

The PWDVA protects any woman who is in or has been in a 'domestic relationship' with the respondent — wife, daughter, sister, mother, mother-in-law, live-in partner. It is a civil law, but breach of a Protection Order is a criminal offence (see below).

Five distinct orders are available, often granted together in the same application:

(1) Protection Order (Section 18) — as described above, restraining further violence and contact;
(2) Residence Order (Section 19) — protects your right to reside in the shared household, prohibits dispossession, and can direct the abuser to vacate or to provide alternative accommodation;
(3) Monetary Relief (Section 20) — maintenance, medical expenses, loss of earnings, household expenses, mortgage/rent;
(4) Custody Order (Section 21) — temporary custody of children with visitation arrangements;
(5) Compensation Order (Section 22) — for mental and physical injury, including emotional distress and damage to property.

All reliefs are cumulative, not alternatives. You don't have to choose.

Yes. The Supreme Court in Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 affirmed that a woman has the right to reside in any shared household, regardless of who legally owns it.

This includes:

(1) The matrimonial home, even if owned solely by your husband;
(2) A jointly-owned house;
(3) Your in-laws' property, if you and your husband are living there;
(4) Rented accommodation taken in the husband's name.

The Magistrate can grant a Residence Order under Section 19 PWDVA that:
- Prohibits your dispossession;
- Removes the abuser from the shared household;
- Directs alternative accommodation at the abuser's cost if you cannot safely stay in the original home.

The order can be made ex parte in urgent cases.

Step 1 — Approach a Protection Officer (PO) or any registered Service Provider in your district. POs are appointed by the State Government under Section 8 PWDVA — they help draft and file the Domestic Incident Report, the foundational document.

Step 2 — File the application under Section 12 PWDVA before the Judicial Magistrate (First Class) with jurisdiction over your place of residence, the shared household, or where the violence occurred.

Step 3 — Seek interim ex-parte order. In urgent cases, the Magistrate can pass an interim Protection / Residence / Monetary Order on the very first hearing, even before the respondent appears.

Step 4 — Statutory timeline. The Magistrate must endeavour to dispose of the application within 60 days of the first hearing (Section 12(5) PWDVA).

Step 5 — Engage a reputable, specialised family lawyer for representation, especially if you also intend to file for divorce or pursue criminal cases under BNS provisions.

Breach of a Protection Order is a cognizable and non-bailable criminal offence under Section 31 PWDVA, punishable with:

(1) Imprisonment up to 1 year;
(2) Fine up to ₹20,000;
(3) Both.

If the breach is also accompanied by violence or threats, the abuser can additionally be charged under BNS provisions — Section 78 (stalking), Section 351 (criminal intimidation), Section 115 (causing hurt), etc.

To enforce a breach:
(1) Document each violation — screenshots of messages, photographs, witness statements;
(2) File an FIR at the local police station — see our Zero FIR guide if there's any pushback;
(3) File a fresh application before the same Magistrate seeking enhanced protection or compensation under Section 22 PWDVA;
(4) The police can arrest the respondent without a warrant once the FIR is registered.