Protection Order and Monetary relief under Domestic Violence Act

Protection order

Every state has laws to protect victims of domestic violence from further abuse. These laws vary, but they all provide for a protective order, sometimes called a “protection order” or a “restriction order.” Once signed by the judge, the order tells the abuser to stop harming the victim. While an order does not necessarily prevent abuse, it does allow victims to notify the police and arrest the abuser. Most courts make different types of orders, including an Emergency Protective Order (“EPO”) and a Permanent Protective Order (“PPO”). The temporary order provides victims with immediate protection and lasts up to 30 days. At the end of this period, a hearing will take place. At the hearing, a judge decides whether the case should be defended for longer. If the judge allows it, he will extend the protection for a year or more.

Who needs a protection order?

Individuals experiencing abuse by someone in a close relationship may need to file for an Order of Protection. Such abuse does not need to be only physical violence, but also includes threats of violence, stalking, sexual abuse, and harassment. Someone who needs an order of protection may also need to include in the order protection for children, elderly persons, or dependent adults

The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;

(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;

(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;

(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;

(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;

(g) committing any other act as specified in the protection order.

Monetary Relief

Monetary relief is one of the relieves mentioned under Domestic violence act. The magistrate is empowered under section 20 of the DV Act to pass an order of monetary relief if an aggrieved person is being subject to economic abuse. Deprivation of all or any economic or financial resources to which aggrieved person is legally entitled is an act of economic abuse.

1)While disposing of an application under sub-section (1) of section 12,the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,—

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.

(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).

(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

References:

Aishwarya Says:

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