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Orders That Can Be Granted
4.1 Protection Order — Section 18
A Magistrate who is satisfied that domestic violence has taken place may pass a Protection Order prohibiting the respondent from:
- Committing any act of domestic violence
- Aiding or abetting any act of domestic violence
- Entering the workplace, educational institution, or any other place regularly visited by the aggrieved person or her children
- Attempting to communicate by any means with the aggrieved person — personal, oral, written, electronic, telephonic
- Alienating any assets, operating bank lockers, bank accounts jointly held or singly by the respondent without prior permission of the Magistrate
- Causing violence to the aggrieved person's dependents, relatives, or any person who provides assistance to her
Duration: A Protection Order remains in force until the aggrieved person applies for discharge (Section 25).
Breach (Section 31): Breach of a Protection Order (or any other order under the Act) is an offence cognisable and non-bailable — imprisonment for a term which may extend to one year or fine up to ₹20,000 or both. On second conviction, imprisonment up to 2 years.
4.2 Residence Order — Section 19
This is the most significant provision — it ensures the woman cannot be rendered homeless. The Magistrate may:
- Restrain the respondent from dispossessing or disturbing the aggrieved person's possession of the shared household
- Direct the respondent to remove himself from the shared household
- Restrain the respondent from entering any portion of the shared household where the aggrieved person resides
- Restrain the respondent from alienating or disposing of the shared household
- Direct the respondent to secure alternative accommodation for the aggrieved person
Key Point: The aggrieved person cannot be evicted from the shared household even if she has no title/ownership. She has a statutory right of residence.
4.3 Monetary Relief — Section 20
The Magistrate may direct the respondent to pay monetary relief covering:
- Loss of earnings (if job lost due to violence)
- Medical expenses
- Loss caused due to destruction/damage/removal of property from the control of the aggrieved person
- Maintenance for herself and her children — this may be in addition to/substitution for maintenance under CrPC/BNSS Section 125
The Magistrate may order payment directly to the aggrieved person or deposit in any bank account specified. Failure to comply = execution of the order as a decree for money.
4.4 Custody Order — Section 21
The Magistrate may grant temporary custody of the child or children of the aggrieved person to her or any other person on her behalf. The respondent may be granted visitation rights — but such rights do not confer on the respondent any benefit during the period of the order.
4.5 Compensation Order — Section 22
In addition to other reliefs, the Magistrate may direct the respondent to pay compensation and damages for:
- Injuries including mental torture and emotional distress caused
- Any loss suffered — financial or otherwise
This goes beyond ordinary maintenance and recognises psychological violence as a compensable harm.
