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Domestic violence case - seeking protection order.

Hello,

I'm seeking legal guidance on a domestic violence case involving my sister, a resident of Faridabad. Her husband, under the influence of drugs and alcohol, has been emotionally abusing her with verbal death treats. They have a 3-year-old son together. I want to file a complaint and obtain a protection order against him. Could experienced lawyers please share insights on the legal procedures, documentation, and process for availing a protection order in Faridabad under the Protection of Women from Domestic Violence Act, 2005? Any guidance on navigating this sensitive case would be greatly appreciated.

Specific Queries:

1. What are the necessary documents required for filing a complaint?
2. How can we ensure the protection order is enforced effectively?
3. Are there any specific considerations for cases involving minor children?

I look forward to your valuable advice and experiences.

Thank you

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 16 May 2025

Protection order means an order made in terms of Section 18. Section 18 of the DV Act States the Power of Magistrate to prohibit the respondent from committing certain acts (after providing opportunity of being heard) by giving Protection Orders as: Committing any act of domestic violence.

Your sister has to file a DV case either before the judicial magistrate court or before the social protection officer.

The burden of proof in domestic violence cases under the DV Act is generally on the complainant (the aggrieved person) to establish the allegations of domestic violence.

Penalty for breach of protection order by respondent.—(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to twenty .