Answer By law4u team
Domestic violence cases often involve immediate threats to the safety and well-being of the woman or her children. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) recognizes the urgency of such situations. Therefore, in cases where there is an imminent danger, courts can issue a protection order on the same day the complaint is filed.
Legal Provisions for Immediate Protection
Ex Parte Orders (Section 23 of PWDVA)
If the magistrate is satisfied that the woman is in immediate danger, they may issue an ex parte protection order, even without hearing the other party. This can be done on the same day of filing the complaint.
Urgent Cases Handled Quickly
Courts prioritize cases involving threats, violence, or serious abuse. If there is medical evidence, police records, or a Protection Officer's report indicating immediate risk, urgent hearings can be conducted on the same day.
Role of Protection Officers
A Protection Officer helps expedite the case by submitting a Domestic Incident Report (DIR) to the Magistrate. They also assist the woman in preparing her case to seek urgent protection.
Types of Immediate Relief Orders
Restraining the abuser from contacting or approaching the woman
Removal of the abuser from the shared household
Prohibiting the abuser from committing any act of domestic violence
Factors That Can Support Same-Day Protection Order
Presence of physical injuries or medical reports
Immediate threat to life or safety
Proof of previous complaints or FIRs
Statements from witnesses or neighbors
Strong DIR filed by the Protection Officer
Police intervention or support letter from women’s helpline
Steps to Obtain Same-Day Protection
Approach the Protection Officer or Police Station
Report the violence or threat. Request urgent legal intervention.
Filing the Complaint in Magistrate’s Court
With or without a lawyer, the woman can file a complaint and request emergency protection.
Submit the Domestic Incident Report (DIR)
The DIR supports the urgency of the matter and is submitted by the Protection Officer.
Request for Ex Parte Interim Relief
Mention the need for immediate protection in the application under Section 23 of the PWDVA.
Magistrate Reviews and Issues Order
Based on documents and the woman’s statement, the court can issue a same-day protection order.
Limitations and Challenges
Availability of the Magistrate or court on the day of filing may affect the speed.
In rural or remote areas, logistical delays can occur despite legal provisions.
If the DIR is not submitted promptly, the process might slow down.
Public holidays or weekends can delay immediate court action.
Example
A woman is physically assaulted by her live-in partner and thrown out of the house at night. She approaches the police and the Protection Officer, fearing for her safety.
Steps she should take:
File a complaint under the Domestic Violence Act with the help of the Protection Officer.
Request an ex parte protection order from the local Magistrate that same day.
Submit medical records, witness accounts, and prior police complaints.
The Magistrate, seeing the urgency, issues a same-day order restraining the abuser from contacting or approaching her.
She is given temporary accommodation and referred to a shelter home for safety.
