WHAT IS THE PROCESS OF GETTING A PROTECTION ORDER UNDER THE DOMESTIC VIOLENCE ACT?

INTRODUCTION

Domestic Violence can be defined as any form of abuse that takes place within a family or domestic setting or domestic relationship. There are various forms of abuse that have been mentioned under Section 3, Explanation 1 of the Domestic Violence Act, 2005. These include physical abuse, verbal and emotional abuse, financial manipulation and abuse, and sexual abuse.

The Act provides for various modes of protection, as it acknowledges different types of abuse beyond just physical violence. The law provides safeguards to women, including mothers, sisters, wives, partners, and even women in adoptive relationships.

IMPORTANT PROVISIONS OF THE ACT

· APPOINTMENT AND FUNCTIONS OF PROTECTION OFFICERS

Protection officers are appointed by the State Government and must be women as far as possible. The qualifications of these officers are mentioned under the said act.

These protection officers perform various functions, such as assisting the Magistrate in order to discharge their duties, making a domestic violence incident report and forwarding the copies to the police officer in charge, getting the victim medically examined and forwarding the medical reports to the Magistrate, ensuring monetary relief to the victims, and so on.

· POWERS AND FUNCTIONS OF POLICE OFFICER AND MAGISTRATE

Section 5 of the act provides for the powers and functions of police officers and Magistrate. It lays down that when a police officer, Magistrate, or service provider receives a complaint of domestic violence, then they should take the following steps:

1. They are required to inform the victim about her rights to make an application for receiving relief by way of protection order, custody order, compensation order, etc.

2. They should inform the victim about the accessibility of services of service providers.

3. They should also inform the victim about their right to free legal aid and the duties of the Protection Officers.

· FUNCTIONS OF THE GOVERNMENT

1. Both the Central and State Government officers and members of judicial services must be given awareness training regarding the provisions of the act.

2. Both the governments must also ensure that the protocols for various Ministries concerned with the delivery of services to women under the act are diligently abided by.

· APPLICATION TO THE MAGISTRATE

The aggrieved person, Protection Officer, or any other person on behalf of the aggrieved person shall make an application to the Magistrate claiming one or more of the reliefs mentioned below:

1. Monetary Reliefs (Section 22)

2. Custody Orders (Section 21)

3. Protection Orders (Section 18)

4. Residence Order (Section 19)

PROTECTION ORDERS UNDER THE ACT

If the Magistrate is satisfied that domestic violence has taken place, they may pass a protection order in favor of the aggrieved person to prevent the Respondent from committing any acts of domestic violence or its abetment. The Magistrate has the power to pass an order to prevent the Respondent from contacting the aggrieved person, entering the aggrieved person’s place of employment, or causing any kind of violence to the relatives of the aggrieved person.

Section 18 of the Act delineates several crucial provisions aimed at providing interim relief and support to victims of domestic violence.

Under Section 18 of the act, the Magistrate is empowered to pass interim protection orders in favor of the victim, providing immediate relief from further acts of violence.

The Magistrate can pass orders that can prohibit the Respondent from the following:

1. Restrict access to specific places,

2. Ban communication attempts,

3. Block asset manipulation and

4. Ban other harmful acts.

In case of non-compliance with these orders by the Respondent, the aggrieved person can seek legal remedies to enforce the protection orders. They can initiate contempt proceedings or other legal measures for ensuring adherence to the court’s orders.

Violating a protection order is a punishable offense under Section 31 of the act. This can attract the punishment of imprisonment up to one year, fine up to Rs. 20,000/- or both.

This offense is cognizable and non-bailable, which allows the police to arrest without a warrant and no bail can be granted for the same. Ultimately, the Magistrate who issued the protection order will conduct the trial. While framing the charges for violation of the protection order, the Magistrate can also frame additional charges under the relevant laws.

CONCLUSION

The Protection of Women from Domestic Violence Act of 2005 is crucial legislation that provides for protection and support to victims of domestic violence. The act grants protection by laying down provisions for providing interim relief, support, and legal aid to the victims. The act provides various powers to the Magistrates to pass monetary reliefs, custody orders, protection orders, and residence orders.