Legal Advice

New Changes Made in Domestic Violence Act 1995

 

Are you bearing with domestic violence in your marriage? you have been bearing with it for so long and not complaining about it? Because you know the fact that our legislation delays the complaint process and hence you cannot get justice and protection as soon as you expect.

You no longer need to think this way as there are changes made in the new Domestic Violence Act 1995, which was initiated long back in order to protect the victim through the granting of protection orders in the family court.

Earlier, there is a delay in the legislation and due to this, the victim was not protected till the time of obtaining a protection order.

The new change to the act was effective on 1 July 2010. It has somehow removed the delay by letting a qualified constable issue a Police Safety Order (PSO) on instant basis. The PSO was initiated which drives the protection of the victim from the person who is making such kind of violence. Hence the PST has accelerated the issuing of a protection order.

Who Grants a PSO

PSO is associated with the Police system, so in this case, a higher authority police officer can only issue the PSO. In case if the police officer cannot issue the PSO for any reason, he/she can pass the responsibility to another officer irrespective of the authorities the later holds.

How Does PSO Work

A PSO is granted all the authority of Protection Order, so it can work in a similar manner. However, it is kind of temporary fix and can only be valid for 5 days.

The PSO is accountable to protect the victim and the victim’s family as well. There is a chance that the PSO is issued automatically to the family of the victim without keeping the victim in the knowledge. All the conditions and working of both the PSO and a Protection Order are the same except one thing that victim cannot ask the accused to stay with her under the PSO.

Limitations of a PSO

In any case of you being caught breaching of a PSO, you are liable to pay a fine up to $500.

Failing to comply with a PSO may result in the Court:

  • PSO will be extended to 1-5 more days
  • A New PSO will be granted if the previous one laps
  • The culprit can be arrested.
  • A new temporary protection order will be issued.

For more information regarding domestic violence act, Indian divorce act, and other always contact the best Delhi divorce lawyer.

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