Law4u - Made in India

What is a Residence Order?

24-May-2025
Domestic Violence

Answer By law4u team

A Residence Order is a legal order passed by a court under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) in India. It grants a woman the right to reside in a shared household, irrespective of whether she has ownership rights or not. The order is made to provide protection to a woman from being forcibly evicted from her home by her husband, partner, or other family members who are perpetrators of domestic violence. Key Features of a Residence Order: 1. Right to Reside in a Shared Household: - A woman has the right to reside in a shared household, even if she does not have legal ownership of it. This includes any place where she has lived with the respondent (e.g., her husband or partner). 2. Protection from Eviction or Dispossession: - The court can pass an order preventing the woman from being evicted or dispossessed from the shared household, even if the respondent (the husband or partner) is the owner of the house or property. - This protects the woman from being forced to leave the residence or being harassed into vacating. 3. Exclusion of the Abuser: - In certain cases, the court can also pass an order to exclude the abusive partner or family member from the shared household, allowing the woman to continue living there safely. 4. Conditions of the Residence Order: - The court may impose certain conditions based on the specific needs of the woman, including: - The abuser being restrained from entering the shared household. - The abuser being prohibited from disturbing the woman’s peaceful enjoyment of the home. 5. Temporary and Final Orders: - A temporary residence order can be passed immediately to ensure the woman’s safety, while a final residence order can be issued after a more detailed hearing and investigation. 6. Applicability: - A residence order can be sought by women who are victims of domestic violence and have been living with the abuser in a shared household, including married women, live-in partners, or those in relationships resembling marriage. Legal Procedure: - The woman, through a Domestic Violence Protection Officer or a lawyer, files an application before a Magistrate under the Protection of Women from Domestic Violence Act, 2005. - The court examines the case and, if satisfied that domestic violence has occurred, passes a residence order to ensure the woman’s right to stay in the home or a safe place. Importance of a Residence Order: - It provides immediate relief and a sense of security to women who are victims of domestic violence. - It ensures that women are not deprived of their right to live in a safe environment, which is crucial for their physical and emotional well-being. - It helps in preventing further harassment or violence by making sure that the woman is not forced out of her residence. In summary, a residence order is an essential legal provision for protecting the right of a woman to live in a shared household and prevents her from being unlawfully evicted or dispossessed by a perpetrator of domestic violence.

Answer By Anik

Dear Client, A residence order is an order granted in terms of sub-section (1) of section 19 of the THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. It is one of the reliefs that an aggrieved person can apply for under the Act. An application seeking such relief can be presented to the Magistrate by the aggrieved person, a Protection Officer, or another person on behalf of the aggrieved person. The Magistrate may pass a residence order while disposing of an application under Section 12, after being satisfied that domestic violence has taken place. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate K Satya Murthy

Advocate K Satya Murthy

Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Documentation, Family, High Court, Media and Entertainment, Recovery, RERA, Succession Certificate, Criminal, Divorce, Domestic Violence, Property

Get Advice
Advocate Sanjeev Sharma

Advocate Sanjeev Sharma

Banking & Finance,Anticipatory Bail,Civil,Domestic Violence,Criminal,

Get Advice
Advocate Dimple Pradeep Chitte

Advocate Dimple Pradeep Chitte

Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Wills Trusts

Get Advice
Advocate Shivani Chettri

Advocate Shivani Chettri

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Recovery,Startup,Succession Certificate,Supreme Court,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate Soyam Kawale

Advocate Soyam Kawale

Breach of Contract,Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Court Marriage,Divorce,Family,Domestic Violence,Motor Accident,Succession Certificate,Landlord & Tenant,Child Custody,Criminal,Medical Negligence,Recovery,

Get Advice
Advocate Man Mohan Sharma

Advocate Man Mohan Sharma

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Aavran Agarwal Shresth Joint Secretary The Bar Association & Library Moradabad

Advocate Aavran Agarwal Shresth Joint Secretary The Bar Association & Library Moradabad

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, R.T.I, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Namita Verma

Advocate Namita Verma

Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, Revenue, Anticipatory Bail, Arbitration, Consumer Court, Labour & Service, Landlord & Tenant, Medical Negligence, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Ashwatha Narayana V

Advocate Ashwatha Narayana V

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Swati Bhargava

Advocate Swati Bhargava

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.