A.
Dear Client,
In the given scenario, considering the safety and security of your family, you can file a petition praying for an Order of Protection in the City Civil Court or District Court. A Protective Order is a civil court order that is designed to stop violent and harassing behavior and to protect your family from the abuser whose attitude or behavior appears to be life-threatening. There are two types of Protective Orders available for you: 1. Emergency Order of Protection (Ex Parte Emergency Order of Protection) - The Petition for Protective Order must clearly show that an act of abuse or threat has occurred; 2. Regular Order of Protection (Non-emergency). There are no fees for filing a Protective Order. You do not need an Advocate to file for a Protective Order. However, if you wish, you can hire the service of an Advocate to represent you suitably before the Court to obtain a protective order. At the Show Cause hearing, you have to show and prove by adducing substantial evidence why you need the Protective Order. Apart, you can file a private complaint against your friend in the court of the Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, hire an Advocate to navigate the issue in the right way.
Posted On 11-Mar-2025
Share on
×