Where violence is happening now, the criminal process is too slow to help. An FIR leads to an investigation, an arrest that may or may not happen, bail, and a trial measured in years. The remedy designed for the immediate problem is the protection order, and it is under-used because very few people know it exists.
Which law applies
Domestic violence is legislated province by province:
- Sindh - Domestic Violence (Prevention and Protection) Act, 2013
- Balochistan - Domestic Violence (Prevention and Protection) Act, 2014
- Punjab - Protection of Women against Violence Act, 2016
- Islamabad Capital Territory - Domestic Violence (Prevention and Protection) Act, 2021
- Khyber Pakhtunkhwa - Domestic Violence against Women (Prevention and Protection) Act, 2021
The structure is broadly common: a definition of domestic violence covering physical, sexual, psychological and economic abuse; a right to apply to a designated court; and a set of orders the court can make.
What counts as domestic violence
The definitions are wider than most people expect. They generally cover assault and physical hurt, but also emotional and psychological abuse, economic abuse - withholding money, denying access to household resources, disposing of the aggrieved person's belongings - stalking and harassment, and criminal intimidation.
The relationship covered is domestic: spouses, former spouses, family members living or having lived in a shared household, and in some of the statutes, domestic workers.
What the court can order
A protection order can restrain the respondent from committing further violence, from contacting or communicating with the aggrieved person, from entering her place of work or her children's school, and from disposing of shared assets.
A residence order can restrain the respondent from dispossessing the aggrieved person from the shared household, direct him to remove himself from it, or direct him to secure alternative accommodation of the same standard. Critically, this applies regardless of who owns the house - the right protected is occupation, not title.
A monetary order can direct payment of maintenance, medical expenses, loss of earnings and the cost of replacing destroyed property.
A custody order can grant interim custody of children to the aggrieved person.
How to apply
The application is made to the court designated under the applicable Act - in several provinces the Family Court. It may be made by the aggrieved person, or on her behalf by a relative or a member of a protection committee.
The statutes impose short timelines: the court is generally required to fix a hearing within days of the application and to decide within a defined period. Interim orders can be made on the first date, before the respondent is heard, where the circumstances require it.
Evidence to bring
- The medico-legal certificate where there is physical injury. Get examined promptly; this document carries more weight than anything else.
- Photographs of injuries and of damage to property, dated.
- Messages and call records containing threats.
- Any previous complaints, to the police, to a helpline, or to a protection committee.
- Statements of witnesses - neighbours, domestic staff, family members.
- Evidence of economic abuse: bank records, evidence of assets disposed of.
Breach
Breach of a protection order is an offence in its own right under each of the statutes, punishable with imprisonment and fine, and it is generally cognizable. This is what gives the order teeth: a breach can be acted on immediately, without proving the underlying violence again.
Running it alongside other remedies
A protection order does not replace anything. It can be sought at the same time as:
- An FIR for the underlying offence - hurt, criminal intimidation, wrongful confinement
- A maintenance suit in the Family Court
- A suit for dissolution of marriage or khula
- Recovery of dower and dowry articles
Where to get help immediately
Provincial women's helplines, women's police stations, dar-ul-aman shelters and the provincial commissions on the status of women can all act as an entry point, and several provide legal aid. The Ministry of Human Rights helpline and the provincial legal aid bodies can arrange representation where cost is the obstacle.
This article describes the general framework of domestic violence protection in Pakistan. The applicable Act and forum depend on the province. It is not advice on any specific case; where there is immediate danger, contact the police or a helpline first.