Consequences upon breach of protection order passed by the court under Domestic Violence Act

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Domestic Violence

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Breach of a protection order passed by the court under the Domestic Violence Act can have serious consequences for the offender. When a protection order is issued, it is legally binding, and violating its terms can lead to the following consequences:

  1. Criminal Charges: The offender may face criminal charges for contempt of court if they breach the protection order. This can result in penalties such as fines or imprisonment, as per the provisions of the Act and the court’s discretion.
  2. Additional Restraining Orders: The court may impose more stringent restraining orders on the offender to further protect the aggrieved person if they breach the initial protection order.
  3. Revocation of Bail: If the offender was released on bail or similar conditions, the breach of the protection order may lead to the revocation of bail, resulting in their immediate arrest and detention.
  4. Compensation and Damages: The court may order the offender to pay compensation or damages to the aggrieved person for the harm caused due to the breach of the protection order.
  5. Counseling or Rehabilitation: In some cases, the court may require the offender to attend counseling or rehabilitation programs to address their violent behavior and prevent further breaches.
  6. Record of Offense: Breaching a protection order may lead to a criminal record, affecting the offender’s future employment prospects and other aspects of their life.
  7. Contempt of Court: The offender may be held in contempt of court for violating the court’s orders, which can lead to additional penalties or sanctions.

It is crucial for the aggrieved person to report any breaches of the protection order to the authorities immediately. Law enforcement and the court take violations of protection orders seriously to ensure the safety and well-being of the aggrieved person. If you are facing such a situation, seek legal advice and support to protect your rights and safety.