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👨‍👩‍👧 Domestic Violence · PWDVA 2005

How Do I Get a Protection Order Under the DV Act (PWDVA)?

Nyaya Saathi Legal Guides · Protection of Women from Domestic Violence Act, 2005
If you're in immediate danger, call 112 now. Also available: 181 (Women Helpline, 24×7, free) and 1091 (Police Women Helpline). Safety comes before any legal step below.
Under the Protection of Women from Domestic Violence Act, 2005, a Magistrate must fix the first hearing within 3 days of your application being filed (Section 12(4)) — and can grant urgent, ex-parte protection at that hearing if the situation warrants it. This is free of cost, without needing a lawyer. Start by contacting the free Protection Officer in your district.

What the PWDVA covers

Step 1: Get to safety first

If in immediate danger, call 112 right now. You can also walk into any police station — they must assist. Legal steps come after safety.

Step 2: Contact the Protection Officer (PO)

Every district has a free Protection Officer appointed by the State Government. Find the PO through the District Women & Child Development office, the district court complex, or by calling 181. Their service is completely free — you don't need a lawyer at any stage.

Step 3: File a Domestic Incident Report (DIR)

The Protection Officer prepares a Domestic Incident Report based on what you tell them, and files it with the Magistrate — this triggers the legal process automatically. The PO can also arrange temporary shelter at a government Shelter Home if needed.

Step 4: The first hearing must happen within 3 days

Under Section 12(4), the Magistrate must fix the first hearing within 3 days of receiving your application. If the situation is urgent, the Magistrate can grant an ex-parte Protection Order at that hearing, without the respondent being present. This order prohibits the abuser from contacting or approaching you. Under Section 17, you also have the right to continue living in the shared household. The Magistrate is expected to dispose of the full application within 60 days of the first hearing.

Documents that help your case

The Protection Officer's service is completely free, and you do not need a lawyer at any stage of the PWDVA process.

Frequently asked questions

How fast can I get a Protection Order?
The first hearing must be fixed within 3 days; an ex-parte order can be granted at that hearing if urgent.
Do I need a lawyer?
No — the Protection Officer's service is free and covers the whole process.
What abuse is covered under the PWDVA?
Physical, sexual, verbal, emotional, and economic abuse — including in live-in relationships.
Can I stay in the shared household during the case?
Yes — Section 17 protects your right to reside there; the abuser cannot force you out.
What emergency numbers should I call?
112 for immediate danger, 181 for the Women Helpline, 1091 for the Police Women Helpline.

Sources checked

  1. LexisNexis — Protection of Women from Domestic Violence Act, 2005
  2. LawBhoomi — Section 12 of the Domestic Violence Act (first-hearing timeline)
  3. Ministry of Women & Child Development — Women Helpline 181
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