How to seek a domestic-violence protection order in India
A step-by-step guide to asking a Magistrate for protection under the Domestic Violence Act, the other reliefs that may be requested, and ways to get support while keeping safety and privacy in view.
In this guide
A protection order is one of several court remedies
The Protection of Women from Domestic Violence Act, 2005 lets an aggrieved woman in a legally defined domestic relationship ask a Magistrate for civil protection and related relief. A Protection Officer or lawyer can help check whether the relationship and facts fit the Act. The court process is distinct from reporting an offence to police; a woman may need one route, both routes, or support without either.
Understand what a protection order can restrict
Under section 18, a Magistrate may prohibit specified acts such as violence, contact, entering certain places, or dealing with assets or accounts in ways set out in the order. The court decides what is appropriate on the facts; the order is not automatic when an application is filed.
Ask about the full range of relief rather than only one order
A court may also consider residence, monetary relief, temporary custody, compensation, interim or ex parte orders and other directions under sections 19 to 23. A residence order does not by itself transfer ownership of a home. Explain the practical outcome you need, such as safe access to belongings or support for expenses.
You do not have to begin with an FIR to ask for this civil remedy
An application under section 12 is made to a Magistrate. Police reporting may be relevant to a separate offence or safety concern, but the Domestic Violence Act application is its own process. Ask an advocate or Protection Officer to explain the options without pressuring you into a choice.
| What I need to change | Examples or dates | Safe way to contact me |
|---|---|---|
| Contact or threats | ||
| Housing or belongings | ||
| Money or medical costs | ||
| Children or urgent safety |
Find a Magistrate and ask for help with the application
The Act allows an application to be presented by the aggrieved person, a Protection Officer or a service provider. You can ask a local Protection Officer, recognised service provider or legal-services office how to reach the court and prepare the papers.
Check which court has jurisdiction where you can safely file
The Act allows a case in a court where the woman permanently or temporarily resides, carries on business or works, where the respondent resides or works, or where the cause of action arose. Tell the adviser if you have moved to a safer address; the law includes temporary residence.
Ask what supporting record will help explain your request
A dated account, messages, medical or repair records, photographs, prior complaints, expense details and names of witnesses may help. Do not delay urgent safety steps to collect evidence, and do not put yourself at risk to obtain records. An application does not always require a Domestic Incident Report as a precondition.
Discuss privacy, language and communication support
Ask whether the court can use the confidentiality protections available under the Act, whether an interpreter or accessibility support can be arranged, and how notices will be served safely. Section 16 permits an in-camera proceeding at the Magistrate’s discretion or on a party’s request.
Describe the conduct and the protection you are asking for
A clear application connects events to the practical order requested. You can ask an advocate or Protection Officer to help put the information into the prescribed process.
Use a short timeline with dates where you remember them
Describe what happened, who was involved, where it occurred, whether children or others were present, and what happened afterward. If you do not know an exact date, say it is approximate rather than guessing. Include patterns such as repeated monitoring, isolation, threats, financial control or interference with work.
Name the relief and explain how it would help
For example, specify what contact should stop, which shared place or workplace needs protection, what housing arrangement you request, what expenses need support, or whether temporary custody arrangements are needed. Avoid vague requests when you can identify a practical boundary.
Ask about interim protection if waiting could increase risk
Section 23 allows interim and, where the statutory conditions are met, ex parte relief. Tell the Magistrate or adviser what makes immediate protection necessary. The court decides whether to grant it and on what terms; filing alone does not mean a temporary order is already in force.
After filing, track the order and plan for service and safety
The court process continues after papers are submitted. Keep the case number, hearing dates and order together, and ask who will explain the next step if the respondent breaches a direction.
Get an acknowledged copy and every order made
Ask the filing counter or your representative for the case number, next date and copies of the application and order. Section 24 provides for copies of an order to be supplied without charge to the parties and relevant officials. Store a copy where it can be reached safely.
Ask how the respondent and relevant officials will receive the order
A protection direction needs to be communicated through the legal process. Confirm who is responsible for service, how the Protection Officer or police will assist, and what to do if a hearing notice or order has not reached you.
If an order is breached, preserve the details and contact support
Write down the date, conduct and witnesses, save messages if safe, and contact the Protection Officer, advocate or police about the next step. Breach of a protection order is an offence under the Act; seek urgent help if there is immediate danger.
Questions about protection orders
Can I apply if I have temporarily moved to another place?
The Act includes a court where the aggrieved woman temporarily resides among the possible venues. Ask a local Protection Officer or lawyer to confirm the court and filing arrangements for your current situation.
Do I need a police complaint before applying?
A Domestic Violence Act application to a Magistrate is a separate civil remedy. A police report is not a general prerequisite to asking for relief under section 12, though police may be involved in service, safety or a separate criminal matter.
Can the court make an order before the other person appears?
Section 23 allows interim and ex parte orders when the legal requirements are met. Explain why a prompt order is needed; only the court can decide whether and how to grant one.
Where can I get help if I cannot afford a lawyer?
Contact the District Legal Services Authority or NALSA-linked legal-services office and ask about eligibility. A Protection Officer or One Stop Centre may help you find local support; availability and procedures differ by district.
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Sources and publication record
Draft prepared 26 September 2026; project-team editorial review pending · Sources checked .
- Protection of Women from Domestic Violence Act, 2005India Code, Legislative Department
- One Stop Centre schemeMinistry of Women and Child Development
- Women Helpline 181Ministry of Women and Child Development
- Emergency Response Support System 112Ministry of Home Affairs
- Legal Services Authorities Act, 1987India Code, Legislative Department
- Free legal services and National Legal Aid Helpline 15100National Legal Services Authority