Section 18 of the Domestic Violence Act: Protection Orders Explained

Quick answer: Section 18 of the Domestic Violence Act, 2005 allows a Magistrate, after hearing both sides and being prima facie satisfied that domestic violence has happened or is likely, to pass a protection order. It can stop the respondent from committing violence, entering the woman's workplace or the child's school, contacting her, or selling jointly used assets.
What a protection order does
A protection order is the core remedy of the Act. It is an order from the Magistrate directing the respondent to keep away from certain conduct. It does not decide guilt in a criminal sense, but breaking it is itself an offence under Section 31.
Under Section 18, the Magistrate can prohibit the respondent from:
- committing any act of domestic violence;
- aiding or abetting such acts;
- entering the aggrieved person's place of employment, or the child's school or any other place she frequents;
- attempting to communicate with her in any form, including phone, messages, email or in person;
- alienating assets used by both parties, bank accounts, lockers or her stridhan, without the Magistrate's leave;
- causing violence to her dependants, relatives or anyone who helps her;
- any other act specified in the order.
When is a protection order granted?
The Magistrate must give both sides an opportunity to be heard and be prima facie satisfied that domestic violence has taken place or is likely. In urgent cases an interim or ex parte order is available under Section 23.
Orders are more specific and enforceable when the application names the exact conduct to be restrained. "Stay away" is vague; "do not enter my office at the Karkardooma court complex or contact me by phone or WhatsApp" is clearer.
Breach of a protection order
If the respondent breaks the order:
- he can be punished with imprisonment up to one year, a fine up to Rs. 20,000, or both (Section 31);
- the offence is cognizable and non-bailable (Section 32), and the woman's statement may be enough to frame charges;
- the Magistrate may also frame charges under Section 498A or other criminal provisions if the facts disclose them.
Keep a record of each breach: date, time, what happened, messages, call logs and witnesses. See punishment for domestic violence.
Related orders
A protection order is often combined with a residence order (Section 19), monetary relief (Section 20), a custody order (Section 21) and compensation (Section 22). The Protection Officer helps you apply and monitors compliance. See the Protection Officer's role.
Frequently asked questions
What is a protection order under the DV Act?
An order under Section 18 that prohibits the respondent from committing violence, contacting you, entering your workplace or alienating assets.
Can I get a protection order without a police case?
Yes. You apply to the Magistrate under Section 12; an FIR is not required.
How long does a protection order last?
Until you apply for it to be discharged or the court alters it under Section 25.
Can the respondent challenge the order?
Yes, by appeal to the Sessions Court within 30 days under Section 29, or by applying for modification.
Is a protection order the same as a restraining order?
They are similar in effect, but a protection order under the DV Act has special penal consequences under Section 31.
Related guides
- Section 23: interim orders
- Section 19: residence orders
- How to file a domestic violence complaint
- Domestic Violence Act 2005 guide
Where we can help
- Domestic violence lawyer in Delhi
- Matrimonial lawyer in Delhi
- Criminal lawyer in Delhi
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