Domestic Violence (Prevention and Protection) Act 2010: How to Get a Protection Order in Bangladesh

In this guide: What counts as domestic violence · Who can apply, and where · The orders the court can make · Time limits, breach and appeal · Domestic Violence Act or Nari Nirjaton case?

The short answer

Under the Domestic Violence (Prevention and Protection) Act 2010, a woman or child abused by a family member can apply to a Judicial Magistrate (or Metropolitan Magistrate in cities) for an interim protection order, a protection order, a residence order, compensation and temporary custody of children. The respondent gets 7 working days to show cause, and the court must decide within 60 working days of issuing notice. The application can be filed where the victim lives or temporarily stays, where the respondent lives, or where the violence happened. Breaching an order is a criminal offence.

What counts as domestic violence

Section 3 defines domestic violence as physical, psychological, sexual or economic abuse of a woman or child by another member of the family. “Family” includes relatives by blood, marriage, adoption and joint family.

• Physical: beating, pushing, any act that harms the body.
• Psychological: verbal abuse, insults, threats, controlling movement or contact with others.
• Sexual: any sexual conduct that humiliates or degrades.
• Economic: denying money for food or medicine, taking her income, dowry demands, or keeping her from her property or dower.

Who can apply, and where

The application can be made by the victim, a police officer, an Enforcement Officer (usually the Upazila Women Affairs Officer), a service provider, or any person on her behalf (section 11). It goes to the Judicial Magistrate or Metropolitan Magistrate where:

• the victim lives or is staying temporarily;
• the respondent lives; or
• the violence took place (section 12).

The orders the court can make

Time limits, breach and appeal

• Show cause: the respondent has 7 working days to reply to the notice (s.13).
• Decision: within 60 working days of the notice (s.20).
• Breach of a protection order (s.30): up to 6 months’ imprisonment, a fine up to Tk 10,000, or both; repeat breaches up to 2 years, a fine up to Tk 1 lakh, or both.
• False application (s.32): up to 1 year, a fine up to Tk 50,000, or both.
• Appeal (s.28): to the Chief Judicial or Chief Metropolitan Magistrate within 30 working days.

Domestic Violence Act or Nari Nirjaton case?

The two can run side by side. The Domestic Violence Act aims to protect and keep the family functioning; it does not by itself send anyone to prison. Serious assault, dowry violence or sexual violence is a criminal offence under the Women and Children Repression Prevention Act 2000 or the Penal Code, tried in a tribunal. Many women start with a protection order and keep the criminal case as an option. In an emergency, call 999 or the 109 helpline.