Domestic Violence Protection Orders in UP — Complete DV Act Guide 2026

The Protection of Women from Domestic Violence Act 2005 covers a wider range of relationships and a broader definition of "violence" than most people realise. You do not need to have been physically assaulted to apply — the Act covers multiple forms of abuse.

• Who can apply: Any woman who is in or has been in a "domestic relationship" with the respondent — this includes wives, live-in partners, mothers, daughters, sisters, and widows in a household. Even women who have left the shared household can apply.
• Domestic relationship: Defined broadly to include marriage, live-in relationships, and family relationships (blood, adoption, or by marriage) where the parties have lived together in a shared household.
• Forms of domestic violence: Physical abuse, sexual abuse, verbal and emotional abuse, economic abuse (controlling money, preventing employment, taking jewellery/property), and any conduct causing hurt, injury, or endangerment.
• Respondent: Any adult male (and in some interpretations, female relatives of the husband) who is in a domestic relationship with the aggrieved woman and has committed domestic violence.

The PWDVA is a civil remedy — it does not result in automatic arrest. However, violation of a DV order is a criminal offence punishable by imprisonment and fine. Many women combine a PWDVA application with criminal complaints under BNS Section 85 (cruelty by husband/relatives).

The DV Act gives the Magistrate power to pass several types of orders in a single application. Understanding each type helps you ask for exactly what you need:

1. Protection Order (Section 18): Prohibits the respondent from committing further acts of domestic violence, contacting the applicant, entering the applicant's workplace or school, or alienating any assets. This is the most commonly sought order.
2. Residence Order (Section 19): Restrains the respondent from dispossessing the woman from the shared household or giving effect to alienation of it. Can also require the respondent to provide alternative accommodation to the woman and children.
3. Monetary Relief (Section 20): Orders the respondent to pay for losses suffered — including medical expenses, loss of earnings, and maintenance of the woman and children. This is separate from maintenance under Section 125 CrPC/BNS and can be in addition to it.
4. Custody Order (Section 21): Grants interim custody of children to the aggrieved woman. This is an interim order — final custody is decided by the Family Court.
5. Compensation Order (Section 22): Orders the respondent to pay compensation for mental anguish, pain, suffering, and medical expenses caused by domestic violence.

All these orders can be obtained in a single Section 12 application. For family law matters — including maintenance and divorce alongside DV protection — our team can coordinate the full range of remedies.

Filing a DV application is simpler than most people think. You do not need a lawyer to file, but having a lawyer dramatically improves the quality of your application and the speed of getting protective orders. Here is the process in Lucknow:

1. Contact a Protection Officer (PO): Every district has Protection Officers under the PWDVA. In Lucknow, the PO office is located at the District Collectorate. The PO can help you prepare the application (Form I) and file it on your behalf, free of cost. POs also conduct a Domestic Incident Report (DIR) investigation.
2. File directly before the Magistrate: You or your lawyer can file a Section 12 application directly before the Judicial Magistrate First Class (JMFC) in the area where you reside, where the respondent resides, or where the domestic violence occurred. Lucknow has multiple JMFC courts handling DV matters.
3. Documents needed:

• Identity proof (Aadhaar, voter card)
• Proof of shared household (electricity/water bills, ration card, photographs)
• Medical records if physical injuries occurred
• Photographs of injuries
• Written account of incidents of domestic violence (dates, description)
• Any written communication from respondent (threats, messages, emails)
• Marriage certificate (for matrimonial cases)

You do not need all these documents to file — the Magistrate can accept an application with minimal documentation and direct investigation. Contact our office for help preparing a comprehensive application.

The DV Act is designed to provide fast protection — the law requires the Magistrate to fix the first hearing within three days of the application. Interim orders can be passed at the very first hearing without waiting for the respondent to appear. This makes the DV Act one of the fastest civil remedies in Indian law.

• Ex parte interim orders: If the Magistrate is satisfied from the application that the woman faces an immediate threat, an interim protection order can be passed at the first hearing without notifying the respondent. This is the fastest protection available.
• Three-day hearing: By law, the Magistrate should fix the first hearing within three days of the application. In practice, Lucknow courts often fix the first date slightly later due to docket pressure, but interim orders can be sought at the first hearing.
• 60-day disposal target: The law directs that DV applications should be disposed of within 60 days. In practice, contested matters take longer, but interim orders remain in force throughout.
• Residence protection from Day 1: Once a DV application is filed, the respondent is immediately restrained from evicting the woman from the shared household — even without an explicit court order, filing the application creates a protective umbrella.

The combination of speed and breadth makes the DV Act the strongest immediate remedy for women in abusive relationships. If you are in immediate danger, call the police (100) or the UP Women's Helpline (1090) first, then contact us for the DV application.

The DV Act's monetary relief provisions allow a woman to obtain financial support quickly — often much faster than through a maintenance petition under Section 125 CrPC/BNS. Section 20 PWDVA orders can cover:

• Loss of earnings: If the woman has had to leave employment or been prevented from working due to domestic violence, the Magistrate can order compensation for this loss.
• Medical expenses: All medical costs arising from injuries caused by domestic violence — hospital bills, medication, therapy, and counselling — can be claimed.
• Maintenance for woman and children: The Magistrate can order monthly maintenance payment for the woman and her children as part of the DV order. This can run alongside (not instead of) a Section 125 BNS/CrPC maintenance order.
• Loss or damage to property: If the respondent has damaged or taken away the woman's Stridhan (jewellery, gifts received at marriage) or other property, compensation for this loss is claimable.
• Mental anguish compensation: Under Section 22, additional compensation for pain, suffering, and mental anguish caused by domestic violence can be awarded.

For divorce and maintenance matters running alongside a DV case, our team coordinates both proceedings to ensure the maximum financial protection at every stage.

One of the most powerful protections in the DV Act is the woman's right to reside in the shared household — even if she does not own it, even if the property is in the respondent's name, even if it belongs to his parents. Section 17 of the PWDVA gives every woman in a domestic relationship the right to reside in the shared household.

• Shared household defined: Any household where the aggrieved woman lives or has at any point lived with the respondent in a domestic relationship — this includes the husband's parents' house (joint family home).
• Cannot be thrown out: The respondent (or his relatives) cannot throw the woman out of the shared household without a court order. Doing so is itself an act of domestic violence and violates the Act.
• Residence order: The Magistrate can pass a residence order under Section 19 requiring the respondent to provide the woman with a suitable residence — either in the shared household or alternative accommodation of a similar standard, at the respondent's expense.
• Protection from alienation: The respondent cannot sell, mortgage, or transfer the shared household while a DV application is pending — the Magistrate can restrain such alienation under Section 19.

The Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) confirmed that a woman has residence rights in the shared household even if it belongs to the in-laws — a major landmark ruling under the PWDVA that strengthens residence protection across India.

Advocate Onkar Pandey handles Protection of Women from Domestic Violence Act cases, family law disputes, maintenance petitions, and divorce proceedings at Lucknow courts and the Allahabad High Court Lucknow Bench. He has represented both applicants and respondents in DV matters and provides confidential consultations for women in distress. Contact him at advonpandey.com/contact.