A protection order, also known as a restraining order, is a legal document issued by a court that prohibits an individual from engaging in certain behaviors, such as contacting or approaching another person. These orders are typically issued in cases of domestic violence, stalking, or harassment, and are intended to provide safety and security for the individual or individuals seeking the order.

Protection order

Protection orders can include a variety of different restrictions, depending on the specific circumstances of the case. For example, a protection order may prohibit the individual from coming within a certain distance of the person they are prohibited from contacting, or from possessing firearms. The order may also require the individual to complete certain actions, such as attending counseling or therapy.

The process of obtaining a protection order begins with the filing of a petition. This petition is typically filed by the individual seeking the order, and includes information about the nature of the abuse or harassment they have experienced. Once the petition is filed, the court will schedule a hearing, at which the individual seeking the order will have the opportunity to present evidence and testimony.

If the court determines that there is enough evidence to support the issuance of a protection order, the court will issue the order and it will be served to the restrained person. The restrained person is then prohibited from contacting, threatening or coming near the protected person.

Violation of protection order is an offence

It’s important to note that violation of a protection order is a criminal offense, and can result in arrest, fines, and even imprisonment. And if the violation is proven in court, it could lead to harsher penalties.

Protection orders can be issued on a temporary or permanent basis, depending on the circumstances of the case. Temporary orders are typically issued for a period of time ranging from a few days to a few weeks, and are intended to provide protection until a full hearing can be held. Permanent orders, on the other hand, are issued for a longer period of time, and may remain in effect for several years.

Protection orders can be a powerful tool for individuals who are experiencing abuse or harassment, as they can provide a tangible sense of safety and security. However, it’s important to note that these orders are not a solution to all problems, and should be used in conjunction with other forms of support and assistance. Additionally, seeking a protection order may not be appropriate in all situations, and it’s important to consult with an attorney or other legal professional to determine the best course of action.

It’s also important for individuals who are seeking protection orders to be aware of the potential risks and limitations of these orders. Some individuals may be reluctant to seek a protection order because they fear that it may escalate the situation, or that the abuser may retaliate. Additionally, protection orders may not be enforceable in all jurisdictions, or may not be able to provide protection in all situations.

Protection order in Domestic Violence Act

The protection of women from the domestic violence act 2005 provides some relief to the aggrieved person. A protection order is one of those reliefs the aggrieved person can seek under Section 18 of the domestic violence act. This relief is important to protect the aggrieved person from any future violence which may be committed by the respondents. It is a prohibitory measure which put some restrictions upon the respondent such as

• Do not interfere in the daily life of the aggrieved person.
• Refrain himself from committing or attempting to commit any act of domestic violence.
• Don’t alienate any assets either movable or immovable.
• Don’t commit any specific act mentioned in the protection order. 

This order, to some extent, has the effect of an injunction order because it prohibits a specific action. The court commands that the respondent stop doing something that is damaging to the applicant. Breach of a protection order is a cognizable and non-bailable offence under section 31 of the DV Act. If the respondent breaches the protection order or interim protection order he shall be punished:

• Imprisonment of either description for a term which may extend to one year.
• Or with a fine which may extend to twenty thousand rupees, or with both.

Domestic violence is a specific offence which is committed against a woman by her spouse, partner or other males in the household. Domestic violence includes physical, sexual, verbal, emotional and economic abuse. The purpose of the DV Act is to protect women against violent husbands, partners and relatives.

Protection order

The primary object of the DV Act to protect from the acts of domestic violence. Therefore, section 18 empowers the Magistrate to put necessary restrictions upon the respondent. That restriction should be just and proper in the circumstances of the case. The Magistrate can impose these restrictions.

Do not commit any act of domestic violence

The Magistrate may direct the respondent to not commit any form of domestic violence against the aggrieved person. Physical, sexual, verbal, emotional and economic abuse are the forms of domestic violence. Act of domestic violence commits within the four walls of a shared household so the respondent may misuse his position and commit violence in different forms. Therefore section 18 imposes complete ban on the respondent.

Don’t aid or abate the commission of domestic violence

The respondent may instigate another person to commit acts of domestic violence. Therefore, the Magistrate can impose the restriction on the respondent that he will not aid or abate in the commission of domestic violence. 

Refrain himself from entering in the place of employment

The respondent cannot enter in the place of employment to humiliate or disrespect the aggrieved person. A child may be an aggrieved person under the DV Act. Therefore, the respondent cannot enter the school, hostel or any other place where the child is residing. 

Don’t communicate with the aggrieved person

Respondents may be restricted by the protection order to communicate with the aggrieved person. The respondent cannot establish personal, oral, written, electronic or telephonic contact with the aggrieved person. 

Do not alienate or transfer the property 

Respondents cannot transfer any joint or self-acquired property without leave or permission of the Magistrate. The wife does not hold any right or title in the husband’s property. Hence a husband can easily dispossess the wife by transferring his property. In this situation, Section 18 protects the interest of the wife and restricts the husband to sell his property.  

The Magistrate may restrict the respondent to alienate:

• Any assets which the respondent holds 
• Bank lockers or bank accounts used or held or enjoyed by both the parties, jointly or singly.
• Stridhan or any other property held by jointly or separately by the parties

Don’t commit domestic violence against the dependents

The Magistrate may restrict the respondent to cause domestic violence against the dependent or relatives of the aggrieved person. This restriction applies to those relatives or persons who assist the aggrieved person from domestic violence.

Don’t commit any specific act mentioned in the protection order

Section 18 vests a very vast power in the Magistrate to protect the aggrieved person from domestic violence. The Magistrate may exercise his discretion and restrict the respondent to commit a specific act. When the Magistrate passes a specific order under section 18 he must act judiciously. 

Conclusion

In conclusion, protection orders are a legal tool that can provide safety and security for individuals experiencing abuse or harassment. These orders are intended to prohibit certain behaviors and provide a tangible sense of protection. But it’s important to understand that protection orders are not a solution to all problems and should be used in conjunction with other forms of support and assistance. It’s also important to be aware of the potential risks and limitations of these orders, and to consult with an attorney or other legal professional before seeking a protection order.