How to Apply for a Protection Order Under DV Act — Step-by-Step Guide

To apply for a protection order under the Domestic Violence Act, file an application under Section 12 before the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate in the area where you reside, the respondent resides, or where the domestic violence occurred. The court must fix the first hearing within three days and can pass an ex parte (interim) protection order on the same day in urgent cases. There are no court fees, and you need your identity proof, a Domestic Incident Report (DIR), and evidence of domestic violence.

Who can apply for a protection order

• Any woman who is or has been in a "domestic relationship" with the respondent — this includes wife, live-in partner, mother, sister, daughter, or any woman related by consanguinity, marriage, or through a relationship in the nature of marriage
• The relationship must be a "domestic relationship" as defined under Section 2(f) — two persons who live or have lived together in a shared household, related by consanguinity, marriage, adoption, or a relationship in the nature of marriage
• Who can file on her behalf: The aggrieved woman herself, a Protection Officer, a Service Provider registered under Section 10, or any other person on behalf of the aggrieved woman (with leave of the Magistrate)
• The respondent need not be only the husband — the Act covers any adult male person who is or has been in a domestic relationship with the aggrieved woman (note: some High Courts have held that complaints can also be filed against female relatives of the husband)

You can file if you have experienced:

• Physical abuse — hitting, slapping, pushing, or any act causing bodily pain or harm
• Sexual abuse — any conduct of a sexual nature that abuses, humiliates, or degrades
• Verbal and emotional abuse — insults, ridicule, name-calling, threats, isolation
• Economic abuse — denial of financial resources, not paying rent or mortgage, not permitting the woman to use resources she is entitled to

Documents you will need

Mandatory documents

• Application under Section 12 — Written application to the Magistrate (no prescribed format, but Form II under the DV Rules is recommended); your advocate or the Protection Officer can help draft this
• Domestic Incident Report (DIR) — Filed by the Protection Officer in Form I under the Protection of Women from Domestic Violence Rules, 2006; this documents the details of the violence (date, nature, severity, previous incidents)
• Affidavit — Sworn statement verifying the contents of the application (on stamp paper as prescribed by the state; typically ₹10-20)
• Identity proof — Aadhaar card, voter ID, passport, or PAN card (photocopy)
• Address proof — Proof of current residence or shared household address

Additional documents (strongly recommended)

• Medical reports — If you have suffered physical injury, obtain a medical certificate or medicolegal certificate (MLC) from a government hospital
• Police complaint copy — If you have filed an FIR or NCR (Non-Cognizable Report) relating to the violence
• Photographs — Of injuries, damaged property, or the shared household
• Communication records — Threatening messages, abusive WhatsApp chats, emails, or call recordings (with Section 65B certificate under the Indian Evidence Act / Section 63 Bharatiya Sakshya Adhiniyam, 2023 for electronic evidence)
• Income proof of respondent — Salary slips, ITR, or any evidence of the respondent's income (relevant for monetary relief under Section 20)

Step-by-step process

Step 1: Approach a Protection Officer or Service Provider

If you are facing domestic violence, your first step is to contact the Protection Officer of your district. Every district has a Protection Officer appointed by the State Government (usually a government official from the Women and Child Development Department). Alternatively, you can approach a registered Service Provider (NGO).

Where: District Protection Officer's office (contact details available at the District Magistrate's office, police station, or Women Helpline 181); or any registered Service Provider / women's shelter Fee: Free

Tip: You can also directly approach the Magistrate or a police station. There is no mandatory requirement to go through the Protection Officer first. However, the Protection Officer will help you prepare the DIR (Domestic Incident Report), which significantly strengthens your application.

Step 2: Get the Domestic Incident Report (DIR) prepared

The Protection Officer will record your complaint and prepare the Domestic Incident Report (DIR) in Form I. The DIR captures the nature of violence, relationship details, names of persons causing violence, previous complaints (if any), and the relief you are seeking.

Form: Form I under the Protection of Women from Domestic Violence Rules, 2006 Timeline: The Protection Officer should prepare and submit the DIR within 2-3 days of receiving your complaint Fee: Free

Tip: While the Supreme Court has clarified in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165 that the DIR is not mandatory for the Magistrate to entertain an application, having a DIR strengthens your case. It is an official record prepared by a government officer and carries evidentiary weight.

Step 3: Draft and file the application under Section 12

File an application under Section 12 of the DV Act before the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate having jurisdiction. The application should specify the acts of domestic violence, the reliefs sought (protection order, residence order, monetary relief, custody order), and be accompanied by the DIR and affidavit.

Where: Court of JMFC / Metropolitan Magistrate in the area where:

• The aggrieved person resides or temporarily resides, or carries on business, or is employed; OR
• The respondent resides or carries on business or is employed; OR
• The cause of action (domestic violence) has arisen Form: Form II (recommended but not mandatory — a plain written application also works) Fee: No court fee is required for filing under the DV Act

Tip: You can seek multiple reliefs in one application — protection order (Section 18), residence order (Section 19), monetary relief (Section 20), custody order (Section 21), and compensation (Section 22). Specify all reliefs you need to avoid filing separate applications later.

Step 4: Court fixes first hearing within three days

Upon receipt of the application, the Magistrate must fix the first date of hearing within three days from the date of receipt (Section 12(4)). If there is immediate danger, you can request an ex parte interim protection order under Section 23 on the very first day — the Magistrate can pass such an order without hearing the respondent.

Timeline: First hearing within 3 days of filing (mandatory under Section 12(4)) Ex parte order: Available same day or within 3 days if the Magistrate is satisfied that domestic violence has taken place or is likely to take place

Tip: If you are in immediate physical danger, clearly state this in your application and orally inform the Magistrate. Request an ex parte order under Section 23(2) — the Magistrate can grant interim protection without waiting for the respondent's reply.

Step 5: Court hears both parties and examines evidence

On the date of hearing, both the aggrieved person and the respondent get an opportunity to be heard. The court examines the DIR, the application, the affidavit, and any supporting evidence. The respondent can file a counter-affidavit. The Magistrate may also direct the Protection Officer to submit a report on the domestic violence allegations.

Timeline: The court should endeavour to dispose of the application within 60 days from the first hearing (Section 12(5))

Tip: Present all your evidence at the earliest opportunity — medical records, police complaints, photographs, and electronic communications. Courts tend to grant protection orders quickly when the evidence of violence is clear and contemporaneous.

Step 6: Magistrate passes the protection order

If the Magistrate is satisfied on a prima facie basis that domestic violence has taken place or is likely to take place, the court passes a protection order under Section 18. The order can prohibit the respondent from:

• Committing any act of domestic violence
• Aiding or abetting any act of domestic violence
• Entering the aggrieved person's place of residence or workplace
• Attempting to communicate with the aggrieved person (including by phone, email, or letter)
• Alienating any assets or bank accounts
• Causing violence to the dependents or any person who assists the aggrieved woman

Additional orders the court can pass simultaneously:

• Residence order (Section 19) — Directing the respondent to remove himself from the shared household, or restraining him from dispossessing the aggrieved woman
• Monetary relief (Section 20) — Directing the respondent to pay for loss of earnings, medical expenses, damage to property, and maintenance
• Custody order (Section 21) — Temporary custody of any child to the aggrieved woman
• Compensation order (Section 22) — Compensation for injuries, including mental torture and emotional distress

Tip: A protection order under Section 18 is a civil remedy — it does not automatically lead to criminal proceedings. However, breach of a protection order is a criminal offence punishable with imprisonment up to one year and/or fine up to ₹20,000 under Section 31 of the DV Act.

Step 7: Ensure enforcement of the order

Once the protection order is passed, a copy is sent to the local police station and the Protection Officer. If the respondent violates the protection order, you can file an FIR directly — the breach is a cognizable and non-bailable offence under Section 31.

Where: Local police station in whose jurisdiction the breach occurs Fee: Free (filing an FIR is a right)

Tip: Keep certified copies of the protection order with you at all times and provide a copy to the police station nearest to your residence. If the police refuse to register an FIR for breach of the order, file a complaint before the Magistrate under Section 156(3) CrPC / Section 175(3) BNSS.

Fees and costs

Note: The DV Act is designed to be accessible. There are no court fees, and the Protection Officer's services are free. Free legal aid is available through the District Legal Services Authority for all women regardless of income. If you cannot afford an advocate, DLSA will appoint one at no cost.

How long does it take

Key insight: The DV Act is one of the fastest civil remedies available in Indian law. If the violence is ongoing and severe, an ex parte protection order can be obtained within 1-3 days of filing. However, the final disposal of the application (after hearing both sides) takes 2-6 months in practice.

Can you do this online?

As of 2026, applications under the DV Act cannot be filed online in most states. The process requires physical filing before the Magistrate. However:

• Women Helpline 181: Available 24/7 across India — the helpline connects you to the nearest Protection Officer and can initiate the process
• National Commission for Women (NCW) online portal: ncw.nic.in allows you to register complaints, which are forwarded to the relevant state authority
• SHe-Box portal (shebox.wcd.gov.in): While primarily for workplace sexual harassment, it connects to the Women and Child Development Ministry's grievance mechanism
• Case tracking: Once filed, track your case on ecourts.gov.in using your case number
• One Stop Centres (Sakhi Centres): Available in every district — they provide integrated support including legal aid, medical aid, police facilitation, and shelter, all under one roof

What if things go wrong

Problem: Protection Officer is uncooperative or delays preparing the DIR

Solution: You are not required to go through the Protection Officer. File the application directly before the Magistrate with your own affidavit and evidence. The Magistrate can entertain the application without a DIR. You can also file a complaint against the Protection Officer with the District Magistrate.

Problem: Respondent violates the protection order

Solution: Breach of a protection order is a cognizable and non-bailable offence under Section 31 of the DV Act, punishable with up to one year imprisonment and/or ₹20,000 fine. Go to the nearest police station and file an FIR. If the police refuse, file a complaint before the Magistrate under Section 156(3) CrPC / Section 175(3) BNSS.

Problem: Police refuse to register FIR for breach of protection order

Solution: Approach the Magistrate directly with a complaint under Section 156(3) CrPC / Section 175(3) BNSS, requesting the Magistrate to direct the police to register the FIR and investigate. You can also file a complaint with the Superintendent of Police or approach the State/National Human Rights Commission.

Problem: Respondent disposes of or hides assets after the order

Solution: File an application for contempt of court if the protection order included directions against alienation of assets. Also file an application under Section 19(1)(f) restraining the respondent from renouncing his rights in the shared household. The court can attach the respondent's property.

Problem: Application dismissed for insufficient evidence

Solution: Appeal the Magistrate's order before the Court of Session within 30 days under Section 29 of the DV Act. In the meantime, gather additional evidence — medical reports, fresh police complaints, witness affidavits — to strengthen your case on appeal.

State-specific differences

Frequently asked questions

Can a man file for a protection order under the DV Act?

No. The Protection of Women from Domestic Violence Act, 2005, specifically protects women (the "aggrieved person" under Section 2(a) is defined as any woman). A man facing domestic violence can seek remedies under general criminal law (Sections 323, 325, 506 IPC / corresponding BNS provisions) or file a civil suit for injunction.

Does filing a DV application mean criminal charges against the respondent?

No. The DV Act provides civil remedies (protection order, residence order, monetary relief). It does not automatically initiate criminal proceedings. However, if the respondent breaches the protection order, that breach itself is a criminal offence under Section 31. Additionally, the police can file an FIR under the general criminal law (BNS/IPC) independently if the violence constitutes a cognizable offence.

Can I apply for a protection order if I am in a live-in relationship?

Yes. The Supreme Court in D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469 held that women in "relationships in the nature of marriage" are entitled to protection under the DV Act. However, the relationship must resemble marriage — the couple should have held themselves out to society as being akin to spouses, and the relationship should have some degree of permanence.

Can I get a protection order against my in-laws?

Yes. The DV Act defines "respondent" as any adult male person who is or has been in a domestic relationship with the aggrieved person. In practice, courts routinely pass orders against the husband and his male relatives (father-in-law, brother-in-law). The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) struck down the word "adult male" from the definition of respondent, allowing complaints against female relatives (mother-in-law, sister-in-law) as well.

What is the difference between an ex parte order and a final protection order?

An ex parte order under Section 23 is an interim order passed without hearing the respondent, usually in cases of immediate danger. It remains in force until the court hears both sides and passes the final order. A final protection order under Section 18 is passed after both parties have been heard and the court is satisfied on the evidence. Both are equally enforceable — breach of either is punishable under Section 31.

How long does a protection order remain in force?

The DV Act does not specify a duration for protection orders. A protection order remains in force until the court modifies or discharges it. Either party can apply for modification or discharge under Section 25 if circumstances change.