Answer By law4u team
In cases of domestic violence, it is crucial to ensure the safety and well-being of the survivor by preventing the abuser from approaching, contacting, or stalking them. Indian courts have been empowered under the Protection of Women from Domestic Violence Act (PWDVA), 2005 and other legal provisions to issue orders that restrict the movement and behavior of abusers to protect victims from further harm.
Legal Authority to Restrict Movement of Abuser
Protection Orders under Section 18 of PWDVA
Section 18 empowers courts to issue protection orders which can restrain the abuser from communicating or contacting the aggrieved woman directly or indirectly. These orders can also prevent the abuser from entering any specified place or locality.
Restraining Orders and Injunctions
Courts can issue restraining orders or injunctions preventing the abuser from approaching the survivor’s residence, workplace, or any place the survivor frequents.
No-Contact Orders
Similar to restraining orders, these prohibit the abuser from any form of communication including physical, electronic, or third-party contact.
Criminal Law Provisions
If the abuser violates these orders, they can be charged with contempt of court or other offenses such as stalking (IPC Section 354D) or criminal intimidation (IPC Section 506).
Scope and Enforcement
Orders can be tailored to suit the survivor’s needs, including limiting the abuser’s presence in nearby neighborhoods or public spaces.
Courts may also direct the police to enforce the movement restrictions and provide protection to the survivor.
Violation of these orders can lead to arrest and prosecution.
How to Obtain Movement Restrictions
File an application for a protection order under PWDVA in the family or civil court.
The Protection Officer can assist in filing and representing the survivor.
Provide evidence of harassment, threats, or prior violence to the court.
The court may hold a hearing and issue interim or final orders based on the facts presented.
Consumer/Victim Safety Tips
Keep a copy of the protection or restraining order with you at all times.
Inform neighbors, friends, and local police about the order.
Immediately report any violation to the police and Protection Officer.
Use security measures like changing phone numbers or blocking the abuser on social media.
Stay in touch with support groups or NGOs for additional safety planning.
Example
A woman facing physical and verbal abuse from her husband files a complaint under PWDVA. She fears he might harm her after work, as he often waits near her workplace.
Steps Taken:
The court issues a protection order restraining the husband from approaching her workplace or contacting her by any means.
Police are directed to monitor her workplace area during her working hours.
The husband violates the order by sending threatening messages and approaching the office; he is arrested for contempt of court and stalking.
The woman feels safer and continues to attend work without fear, supported by legal protections.
