Protection Order

What is a Protection Order?

Under the Domestic Violence Act, 2005, the Magistrate was conferred with vast powers to issue any order as he/she deems fit for the benefit of the woman who suffer from act of Domestic Violence.

When the Protection Order shall be passed?

The Magistrate shall pass a protection order in favor of the affected woman which includes the dependents of the affected woman especially children.

The Magistrate may follow the Principles of Natural Justice prior to the disposal of the application which prays for relief against the person committing an act of Domestic violence. The Magistrate shall provide an opportunity to the respondent or the person who alleged to have committed the act of Domestic Violence to put a defense statement against the application.

If the Magistrate is satisfied that prima facie case is made up against the respondents, the Magistrate shall pass the Protection Order in favor of aggrieved person.

What shall the Order contain?

The Magistrate may pass a Protection Order which shall prohibit the following act by the respondents.

• From committing any act of domestic violence.
• From aiding or abetting a act of Domestic Violence
• From entering the work place of the applicant, in case of woman, and schools or any other place, in case of children.
• communicating to the applicant/ aggrieved person in any form.
• To alienate any assets, bank lockers or accounts held either singly by the respondent or jointly by the applicant and the respondent
• To alienate applicant stridhan or any other property which being held jointly or separately by the parties.
• To cause any act which constitute Domestic Violence against the aggrieved person's dependents or other relatives or any person who provide assistance to women who was subjected to Domestic Violence. 
• Any act which magistrate may thinks fit that it ensure the protection of the aggrieved woman and the dependents.

Exception:

In case of properties held by the parties, such properties shall be alienated/sold with the sanction of the Magistrate under whom the application is pending for disposal.

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Disclaimer: This blog is for educational purposes only. All information provided here are only informative. The authors takes no liability for any injury to the readers.