To get a restraining order (legally called a "protection order") in India, you must file an application before the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The court can order the abuser to stop committing violence, not contact you, stay away from your home or workplace, and not dispose of shared assets. The Magistrate can grant an interim (temporary) protection order on the very first hearing if there is immediate danger. You do not need a lawyer — Protection Officers and Service Providers can help you file for free.
Why this matters
When you are living in fear of someone — an abusive spouse, partner, relative, or household member — a protection order is often the fastest legal tool to create immediate safety. Unlike criminal proceedings which take time, a protection order under the DV Act can be obtained within days. It creates a legally enforceable barrier between you and the abuser, with the force of law behind it. Breaching a protection order is a criminal offence. Understanding how to obtain one quickly can be lifesaving.
Who can apply for a protection order
Eligible applicants
Under the DV Act, the following persons can apply:
- Any woman who is or has been in a domestic relationship with the respondent
- A "domestic relationship" includes: wife, live-in partner, mother, sister, widow, daughter, or any woman related by marriage, consanguinity, adoption, or who lives or has lived in the same household
- On behalf of the woman: A Protection Officer, a Service Provider, or any other person can file on her behalf with her consent. If the woman is incapacitated, a relative or any person can file on her behalf.
Who you can file against
The application can be filed against any adult male (or adult female, as clarified by certain High Courts) with whom the woman is or was in a domestic relationship. This includes: husband, ex-husband, live-in partner, father-in-law, mother-in-law, brother-in-law, or any male family member in the shared household.
Important: The DV Act's protection order is specifically for domestic relationships. If you need a protection order against a stranger or someone outside a domestic relationship (like a stalker), you can apply for an injunction under the general civil court procedure (Order 39, Rule 1 of the Code of Civil Procedure) or invoke Section 144 CrPC/Section 163 BNSS through the Magistrate.
Types of orders the court can pass
Protection Order (Section 18)
The court can order the respondent to:
- Stop committing any act of domestic violence
- Stop aiding or abetting acts of domestic violence
- Not enter your workplace, school, or any place you frequently visit
- Not attempt to communicate with you in any form
- Not commit violence against your dependants, relatives, or any person who assists you
- Surrender firearms or weapons
- Not cause violence to any person related to the complaint
Residence Order (Section 19)
- Restrain the respondent from dispossessing you from the shared household
- Direct the respondent to remove himself from the shared household
- Restrain the respondent from entering any portion of the shared household
- Require the respondent to provide alternative accommodation
Monetary Relief (Section 20)
- Compensation for expenses incurred, loss suffered, medical expenses, loss of earnings, and maintenance for you and your children
Custody Order (Section 21)
- Temporary custody of children to the aggrieved woman
Step-by-step: How to apply for a protection order
Step 1: Contact a Protection Officer or Service Provider
Every district has a Protection Officer appointed under the DV Act. Contact them through the district court, the district magistrate's office, or the Women Helpline 181. You can also approach a registered Service Provider (NGO) working with domestic violence survivors. They will help you prepare the application.
Step 2: File a Domestic Incident Report (DIR)
The Protection Officer will help you fill out a Domestic Incident Report — a standardised form that records the details of the violence, the relationship, your living situation, and the relief you are seeking. This is not a criminal FIR — it is a civil application.
Step 3: Submit the application before the Magistrate
The Protection Officer or Service Provider submits the application before the Judicial Magistrate of the First Class (or Metropolitan Magistrate in metro areas) within whose jurisdiction you reside, the respondent resides, or the violence occurred (Section 27). You can also file the application directly yourself.
You do not need to pay a court fee. The DV Act proceedings are treated as proceedings under the Criminal Procedure Code, and no court fee is charged.
Step 4: Request interim (emergency) protection
Under Section 23, you can request an ex parte interim order — meaning the court can pass a temporary protection order on the first hearing itself, without waiting for the other side to respond, if there is immediate danger or risk of violence. This is the fastest route to protection.
In practice: Clearly state in your application that you are in immediate danger and request an ex parte interim order. Bring evidence of recent violence or threats.
Step 5: Service of notice and hearing
The court issues notice to the respondent, who gets an opportunity to respond. The court should hear the application and pass orders within 60 days of the first hearing (Section 12(5)). In practice, interim orders are often passed on the first date, with the final order following after both sides are heard.
Step 6: Enforcement
Once the court passes a protection order, it is served on the respondent by the Protection Officer. Breach of a protection order is a criminal offence under Section 31 of the DV Act, punishable with imprisonment of up to one year or a fine of up to Rs 20,000, or both. The offence is cognizable and non-bailable.
What if things go wrong
If the respondent violates the protection order
File a complaint with the police immediately. Since breach of a protection order is a cognizable offence, the police must register an FIR and can arrest the respondent without a warrant. Also inform the Protection Officer and the court.
If you need urgent protection before the court hearing
Call the Women Helpline 181 or the police emergency number 112. You can also approach the Protection Officer to file an emergency application seeking an ex parte interim order. Some districts have one-stop centres (Sakhi Centres) that provide immediate shelter, legal aid, and counselling.
If you do not know who the Protection Officer is
Contact the District Magistrate's office, the nearest police station (ask for the women's help desk), or call 181. You can also search online for "[your district] Protection Officer DV Act."
If you cannot go to court yourself
The Protection Officer or a registered Service Provider can file the application on your behalf. If you are hospitalised or otherwise unable to appear, the court can take your statement through video conference or at your location.
If you need to leave the shared household for safety
The DV Act guarantees your right to reside in the shared household (Section 17). However, if staying is dangerous, the court can order the respondent to provide alternative accommodation at his cost (Section 19(1)(f)). You can also seek shelter at a Shelter Home — contact 181 for the nearest one.
Documents and resources you need
- Domestic Incident Report (filled with help of Protection Officer)
- Evidence of violence — medical reports, photographs of injuries, messages, police complaints
- Proof of relationship — marriage certificate, photographs, any documents showing the domestic relationship
- Address proof — of the shared household
- Women Helpline: 181 (24/7, connects to Protection Officer and police)
- Police Emergency: 112
- One Stop Centre (Sakhi Centre): Search "[your city] one stop centre women" or call 181
- National Commission for Women: ncw.nic.in or 7827-170-170
- NALSA helpline: 15100 (free legal aid)
- District Legal Services Authority: For free lawyer — available in every district court complex
Common myths
Myth: You need a lawyer to get a protection order. Reality: The DV Act is designed to be accessible without a lawyer. The Protection Officer helps you file the application, and the court process is simple. Free legal aid is available through NALSA if you need a lawyer.
Myth: A protection order is only available to married women. Reality: The DV Act protects any woman in a domestic relationship — this includes live-in partners, mothers, sisters, daughters, and widows. You do not need to be married to seek protection.
Myth: A protection order takes months to get. Reality: An interim (temporary) protection order can be obtained on the very first hearing — sometimes within 2-3 days of filing. The final order should be passed within 60 days. This is one of the fastest remedies in Indian law.
Myth: The respondent goes to jail just because a protection order is issued. Reality: A protection order is not imprisonment — it is a directive to the respondent to stop specific behaviour. The respondent goes to jail only if they breach (violate) the protection order. Then it becomes a criminal offence.
The law behind this
| Relief | Legal Provision |
|---|---|
| Application for protection | Section 12, DV Act 2005 |
| Protection order (stop violence) | Section 18, DV Act 2005 |
| Residence order | Section 19, DV Act 2005 |
| Monetary relief | Section 20, DV Act 2005 |
| Custody order | Section 21, DV Act 2005 |
| Interim/ex parte order | Section 23, DV Act 2005 |
| Jurisdiction | Section 27, DV Act 2005 |
| Breach of protection order | Section 31 (up to 1 year + Rs 20,000 fine) |
| Right to reside in shared household | Section 17, DV Act 2005 |
| Protection Officer duties | Section 9, DV Act 2005 |
Frequently asked questions
Can I get a protection order against my in-laws? Yes. The DV Act allows you to name any adult member of the household — including the husband's parents, siblings, or relatives — as respondents if they are involved in the domestic violence.
Does a protection order affect divorce proceedings? A protection order under the DV Act is independent of divorce proceedings. You can have both ongoing simultaneously. The protection order provides immediate safety; divorce is a separate legal process. Evidence from the DV Act proceedings can be used in divorce proceedings and vice versa.
How long does a protection order last? A protection order remains in force until the court modifies or revokes it. The aggrieved woman can apply for modification or extension at any time. The respondent can also apply for modification, but the court will only modify if circumstances have genuinely changed and the woman's safety is assured.
Can the respondent challenge the protection order? Yes. The respondent can appeal against the protection order before the Sessions Court within 30 days of the order (Section 29). However, the appeal does not automatically stay (suspend) the protection order. The appellate court must specifically order a stay, which is rarely granted when the woman's safety is at stake.
What if I live in a different city from where the violence occurred? You can file the application in any of three jurisdictions: where you currently reside, where the respondent resides, or where the domestic violence occurred. This flexibility ensures you do not have to travel to the respondent's city (Section 27).