THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005
1. Who can file a complaint before the Magistrate under this Act?
Ans. A complaint under this Act can be filed before a Magistrare by an
aggrieved person or protection officer or any other person on behalf of the
aggrieved person.
2. The Authorities before whom the complaint is to be filed?
Ans. Any person who has reason to believe that an act of Domestic Violence
has been, or is being, or is likely to be committed, may give information
about it to the protection officer. An application can also be filed by the
aggrieved person or protection officer or any other person on behalf of the
aggrieved person to the Magistrate.
3. Against whom complaint can be filed?
Ans. The complaint can be filed against any adult male person who is or has
been in a domestic relationship with the aggrieved person. Aggrieved wife
or a female living in a relationship in the nature of marriage may also file a
complaint against the relative of the husband or the male partner.
4. What is domestic violence?
Ans. Domestic violence means any act, omission or commission or conduct of
the respondent in case it:-
a) Harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical of the aggrieved person. It
includes causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse.
b) Harasses, harms, injures or endangers the aggrieved person with a
view to coerce her or any of her relatives to meet any unlawful
demand for dowry.
5. What is a protection order and residence order and what other
orders can be passed by the Court.
Ans. Protection Order:-
It is an order whereby Magistrate prohibits the respondent from:
b) Committing any act of domestic violence.
c) Aiding or abetting any such act of domestic violence.
d) Entering the place of employment/school/another place
frequented by the aggrieved person.
e) Attempting to communicate in any form whatsoever with the
aggrieved person.
f) Alienating any assets including Stridhan, operating bank lockers
or bank accounts etc. without the leave of the Magistrate.
g) Causing violence to the dependants, relatives or any person
who gives any person assistance from domestic violence.
h) Committing any other act as specified in the protection order.
Residence order:
a) An order restraining the respondent from dispossessing or
disturbing the possession of the aggrieved person from the
shared household.
b) Directing the respondent to remove himself from the shared
household.
c) Restraining the respondent or his relatives from entering any
portion of shared household.
d) Restraining the respondent from alienating or disposing off the
shared household.
e) Restraining the respondent from renouncing his rights in the
shared household.
f) Directing the respondent to secure an alternate accommodation
for the aggrieved person.
The Magistrate can also pass orders for:-
a) Monetary relief to the aggrieved person.
b) For temporary custody of any child or children to the aggrieved
person
c) To pay compensation and damages to the aggrieved person.
6. Who is a protection officer? And where is his/her office in the district
Head-quarters
Ans. Protection Officer is appointed by the State Government. In the District
Headquarter, the office of Protection Officer is usually in the same building
which houses the office of Superintendent of Police.
8. What are the various duties performed by protection officer?
Ans. The following are the duties of the Protection Officer:
i) to assist the Magistrate in the discharge of his functions under
this Act.
j) To make a domestic incident report to the Magistrate.
k) To make an application to the Magistrate for issuance of
protection order, where the aggrieved person so desires.
l) To ensure the aggrieved person is provided legal aid.
m) To maintain the list of all service providers.
n) To make available a safe shelter home if the aggrieved person
so requires.
o) To get aggrieved person medically examined if she has
sustained bodily injuries.
p) To ensure that the order for monetary relief is complied with.
q) To perform such duties as may be prescribed.
DOMESTIC VIOLENCE ACT, 2005
1. Who can file a complaint before the Magistrate under this Act?
Ans. A complaint under this Act can be filed before a Magistrare by an
aggrieved person or protection officer or any other person on behalf of the
aggrieved person.
2. The Authorities before whom the complaint is to be filed?
Ans. Any person who has reason to believe that an act of Domestic Violence
has been, or is being, or is likely to be committed, may give information
about it to the protection officer. An application can also be filed by the
aggrieved person or protection officer or any other person on behalf of the
aggrieved person to the Magistrate.
3. Against whom complaint can be filed?
Ans. The complaint can be filed against any adult male person who is or has
been in a domestic relationship with the aggrieved person. Aggrieved wife
or a female living in a relationship in the nature of marriage may also file a
complaint against the relative of the husband or the male partner.
4. What is domestic violence?
Ans. Domestic violence means any act, omission or commission or conduct of
the respondent in case it:-
a) Harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical of the aggrieved person. It
includes causing physical abuse, sexual abuse, verbal and
emotional abuse and economic abuse.
b) Harasses, harms, injures or endangers the aggrieved person with a
view to coerce her or any of her relatives to meet any unlawful
demand for dowry.
5. What is a protection order and residence order and what other
orders can be passed by the Court.
Ans. Protection Order:-
It is an order whereby Magistrate prohibits the respondent from:
b) Committing any act of domestic violence.
c) Aiding or abetting any such act of domestic violence.
d) Entering the place of employment/school/another place
frequented by the aggrieved person.
e) Attempting to communicate in any form whatsoever with the
aggrieved person.
f) Alienating any assets including Stridhan, operating bank lockers
or bank accounts etc. without the leave of the Magistrate.
g) Causing violence to the dependants, relatives or any person
who gives any person assistance from domestic violence.
h) Committing any other act as specified in the protection order.
Residence order:
a) An order restraining the respondent from dispossessing or
disturbing the possession of the aggrieved person from the
shared household.
b) Directing the respondent to remove himself from the shared
household.
c) Restraining the respondent or his relatives from entering any
portion of shared household.
d) Restraining the respondent from alienating or disposing off the
shared household.
e) Restraining the respondent from renouncing his rights in the
shared household.
f) Directing the respondent to secure an alternate accommodation
for the aggrieved person.
The Magistrate can also pass orders for:-
a) Monetary relief to the aggrieved person.
b) For temporary custody of any child or children to the aggrieved
person
c) To pay compensation and damages to the aggrieved person.
6. Who is a protection officer? And where is his/her office in the district
Head-quarters
Ans. Protection Officer is appointed by the State Government. In the District
Headquarter, the office of Protection Officer is usually in the same building
which houses the office of Superintendent of Police.
8. What are the various duties performed by protection officer?
Ans. The following are the duties of the Protection Officer:
i) to assist the Magistrate in the discharge of his functions under
this Act.
j) To make a domestic incident report to the Magistrate.
k) To make an application to the Magistrate for issuance of
protection order, where the aggrieved person so desires.
l) To ensure the aggrieved person is provided legal aid.
m) To maintain the list of all service providers.
n) To make available a safe shelter home if the aggrieved person
so requires.
o) To get aggrieved person medically examined if she has
sustained bodily injuries.
p) To ensure that the order for monetary relief is complied with.
q) To perform such duties as may be prescribed.
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