Protection Orders Under Section 18 Of Domestic Violence Act: How They Help Victims

This article is written by Atishay Jain, a law graduate and core member of the ApniLaw team. With a strong interest in public interest laws, he explains the Domestic Violence Act in a clear and practical manner. For questions or suggestions, feel free to reach out through our official channel.

Introduction

Section 18 of the Domestic Violence Act, 2005, empowers courts to grant protection orders in favor of women facing abuse. It aims to prevent the abuser from committing further acts of domestic violence and from approaching or communicating with the aggrieved person. This provision plays a crucial role in ensuring the safety and dignity of women within their homes and relationships.

What Is Section 18 Of Domestic Violence Act?

The Magistrate can issue a protection order if convinced that domestic violence has occurred or may occur. After hearing both parties, the Magistrate may pass an order to safeguard the aggrieved person. The order can prohibit the respondent from the following:

• Stop Domestic Violence. The respondent must not commit any act of domestic violence.
• Prevent Support for Abuse. The respondent must not aid or abet any act of domestic violence.
• Restrict Access to Specific Places. The respondent must not enter the aggrieved person’s workplace or, in case of a child, their school or any other place they often visit.
• Ban Communication Attempts. The respondent must not try to communicate with the aggrieved person by any means, personal, written, electronic, or telephonic.
• Block Asset Manipulation. The respondent must not sell, transfer, or operate any bank account or locker held jointly or singly, including stridhan or any shared/separate property, without court approval.
• Prohibit Violence Against Supporters. The respondent must not harm any dependents, relatives, or individuals assisting the aggrieved person.
• Ban Other Harmful Acts. The respondent must not engage in any other act as specified in the protection order.

What Are The Rights and Remedies under Section 18?

• Legal Representation. Aggrieved individuals have the right to legal representation throughout the proceedings. This ensures their interests are adequately protected before the Magistrate.
• Access to Support Services. Victims are entitled to essential support services, including counselling, medical aid, shelter, and legal assistance. These services address their physical, emotional, and legal needs.
• Oppose or Modify Orders. If circumstances change or the protection order doesn’t adequately address their concerns, aggrieved persons can request modifications or oppose the existing orders.
• Enforcement of Orders. In cases of non-compliance by the respondent, victims can seek legal remedies to enforce the protection orders. This may include initiating contempt proceedings or other legal measures to ensure adherence to the court’s directives.

What Are The Consequences of Violating a Protection Order (Section 31)?

• Criminal Offense. Breaching a protection order is a punishable offense under Section 31 of the Act.
• Imprisonment and Fine. The respondent may face imprisonment of up to one year, a fine up to ₹20,000, or both.
• Cognizable and Non-Bailable. The offense is cognizable and non-bailable, allowing police to arrest without a warrant, and bail is not granted as a matter of right.
• Trial by Magistrate. The Magistrate who issued the protection order typically conducts the trial for its breach.
• Additional Charges. While framing charges for breach of the protection order, the Magistrate may also frame charges under Section 498A of the Indian Penal Code or other relevant laws if the facts disclose additional offenses.

Latest Case Laws on Section 18 of the Domestic Violence Act

1. CH. Sateesh Kumar v. Cheleka Mary Konda & Another (2025)
   Court: Andhra Pradesh High Court
   Ruling: The court granted a protection order under Section 18. Ordered the respondent to pay ₹500 monthly to the wife and child.

Included a rent allowance of ₹500 per month.

Reinforced that victims have a right to financial and residential security.

2. Fathima vs. Vappinu (2025)
   Court: Kerala High Court
   Ruling: Court upheld a protection order to prevent further domestic violence.

Emphasized timely legal intervention to protect victims.

3. Gurdeep Kaur vs. Gursimar Singh Bajaj (2024)
   Court: Punjab and Haryana High Court
   Ruling:
   Respondent was barred from any contact with the victim.

Protected the woman’s right to live without harassment.

4. S. Amalraj v. State (2023)
   Court: Madras High Court
   Ruling:
   Non-payment of maintenance under DV Act is a violation of Section 18.

Court confirmed such breaches are punishable under Section 31.

5. Supreme Court on Duration of Protection Orders (2024)
   Court: Supreme Court of India
   Ruling:
   Protection orders remain valid until formally revoked.

Parties may request modification under Section 25(2) if circumstances change.

Conclusion

Section 18 of the Domestic Violence Act, 2005 plays a critical role in protecting victims from abuse. It empowers courts to issue protection orders that ensure the safety, dignity, and mental peace of aggrieved individuals. By preventing further contact, harassment, and financial exploitation, Section 18 creates a legal shield for victims.
This provision acts swiftly to stop ongoing abuse and offers a legal path to relief. With the backing of courts and support services, survivors can reclaim their rights and rebuild their lives.
Understanding the importance of Section 18 helps victims take timely action and assert their legal protections. For anyone facing domestic violence, this section stands as a powerful legal remedy to ensure justice, security, and empowerment.