When you need to get a restraining order against an abusive partner in Chandigarh, understanding the updated legal framework, procedural steps, and practical considerations is crucial. Facing abuse—whether physical, emotional, verbal, or economic—is not only traumatic but a serious legal issue under the new Indian criminal laws. As of July 1, 2024, the Protection of Women from Domestic Violence Act (PWDVA), 2005 works in conjunction with Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replace the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC), respectively. Understanding how to obtain a protection order or restraining order under these updated laws is essential for your safety. This guide explains the legal process, relevant provisions, and the key role of family lawyers in Chandigarh, criminal lawyers, and high court advocates in Chandigarh in helping survivors obtain swift and effective legal protection.

Legal Framework for Restraining Orders (Post-2024 Update)

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

  • Section 2(a): Defines domestic violence, including physical, sexual, verbal, emotional, and economic abuse. 
  • Section 12: Application to the Magistrate for relief. 
  • Section 18: Protection/residence orders. 
  • Section 20: Monetary relief. 
  • Section 22: Custody of children. 

Procedure:
 Application can be filed through a Protection Officer or directly before the Magistrate. Interim relief (such as protection or residence orders) may be granted within 24–48 hours based on urgency.

Bharatiya Nyaya Sanhita (BNS), 2023 – Replacing the IPC

Relevant criminal provisions under the BNS include:

  • Section 85: Cruelty by husband or relatives of husband (replaces IPC 498A) 
  • Section 73: Assault or use of criminal force with intent to outrage modesty (replaces IPC 354) 
  • Section 356: Criminal intimidation (replaces IPC 506) 
  • Section 357: Intentional insult with intent to provoke breach of peace (replaces IPC 509) 

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Replacing the CrPC

  • Section 35: Arrest without warrant in cognizable offences (replaces CrPC 41) 
  • Section 144: Maintenance for wife and children (replaces CrPC 125) 
  • Sections 151–157: Preventive actions and security for good behavior (replaces CrPC 107–110) 
  • Section 162: Search and seizure procedures (replaces CrPC 97–106) 
  • Section 193: Powers to issue interim orders for protection (new safeguard)
    Note: These provisions may be applied simultaneously with PWDVA reliefs.

Procedural Steps to Obtain a Restraining Order

1. Drafting the Application

Include the following:

  • Partner’s full details 
  • Nature of relationship: married, live-in, or relative 
  • Description and dates of abusive incidents 
  • Evidence: messages, photos, medical reports, voice recordings 
  • Relief sought: protection, residence, custody, monetary relief 

2. Where to File

  • Magistrate’s Court having jurisdiction over your residence 
  • PWDVA Courts with exclusive authority on domestic violence cases 
  • In certain urgent cases, Sessions Court or High Court of Chandigarh may be approached 

3. Interim Orders

  • Courts can grant immediate protection, residence, or custody orders even before a final hearing 
  • Operative within 24–48 hours from filing 
  • A key role here is played by family lawyers in Chandigarh who can draft and expedite urgent petitions 

4. Notice and Hearing

  • Respondent is served legal notice 
  • Court may hold multiple hearings, examine witnesses, review affidavits, and assess submitted evidence 

5. Final Order

  • Final order may include permanent protection, custody, residence rights, and monetary compensation 
  • Duration can be fixed (e.g., 1–2 years) or extended upon request 

6. Enforcement

  • Police authorities must enforce the order 
  • Violation is a punishable offence under PWDVA Section 31 and BNSS Sections 151–157 
  • It may also result in non-bailable arrest if repeat violations occur 

Additional Legal Remedies

Maintenance under BNSS Section 144

  • Interim maintenance can be granted up to ₹5,000/month (or more based on court discretion) 
  • Applies to wife and dependent children 

Shelter Homes and Crisis Support

  • PWDVA includes provision for safe shelter homes 
  • Magistrate can pass residence orders to prevent eviction 

Custody and Child Support

  • PWDVA Section 22 allows custody relief for minor children 
  • Courts may apply welfare principles under the Guardian & Wards Act, 1890 

Criminal Enforcement

  • Respondents can be prosecuted under BNS 
  • Non-bailable warrants issued after the final hearing in serious cases 

Obtaining a restraining order against an abusive partner is a vital step in ensuring safety, dignity, and justice. With the PWDVA, BNS, and BNSS now forming an integrated legal framework, protection is more accessible and enforceable than ever before. Whether you’re a survivor or advising someone in distress, seeking help from family lawyers, criminal advocates, or high court lawyers in Chandigarh will ensure the correct legal route is followed. Swift intervention, strong documentation, and expert legal guidance can provide the protection you need.

 

FAQs on How to Get a Restraining Order Against an Abusive Partner

Q1: Who can file a restraining order under the PWDVA in Chandigarh?
 Only women in a domestic relationship—including a wife, ex-wife, live-in partner, sister, mother, or female relative—can file a petition under the Protection of Women from Domestic Violence Act (PWDVA). Men seeking protection must file a civil injunction or apply under BNSS Section 193. For clarity on eligibility and process, it’s best to consult family lawyers in Chandigarh experienced in domestic violence cases.

Q2: How fast can I get protection after filing a restraining order in Chandigarh?
 In urgent domestic violence cases, Magistrates in Chandigarh usually issue interim protection orders within 24–48 hours of receiving the application under Section 12 of PWDVA. Fast legal action depends on proper drafting and representation, often handled efficiently by criminal advocates and family law experts in Chandigarh.

Q3: What if my abusive partner violates the restraining order?
 Violation of a restraining or protection order is a punishable offence under PWDVA Section 31 and BNSS Sections 151–157. The Chandigarh Police can arrest the respondent without a warrant. Criminal lawyers in Chandigarh can assist with filing a contempt petition or request for non-bailable warrant in such cases.

Q4: Can I file both criminal and civil complaints for domestic abuse in Chandigarh?
 Yes. You can simultaneously file for civil protection under PWDVA and lodge a criminal complaint under BNS 2023 for cruelty (Section 85), intimidation (Section 356), or assault (Section 73). Experienced high court advocates in Chandigarh can coordinate parallel proceedings for maximum legal protection and relief.

Q5: Do I need a criminal advocate in Chandigarh to file a restraining order?
 Absolutely. Engaging criminal lawyers in Chandigarh is essential to handle both BNSS 2023 procedures and violations of the restraining order. These advocates also assist in preparing evidence, communicating with police, and representing your interests before the Chandigarh High Court or lower courts as needed.