8
Passing of protection orders and residence orders
Act: Balochistan Domestic Violence (Prevention and Protection) Act 2014
Section Provisions
ACT VII OF 2014 ACT VII OF 2014 BALOCHISTAN DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT, 2014 An Act to make provisions for protection against domestic violence. [Gazette of Balochistan, Extraordinary, 12th February, 2014] 8. Passing of protection orders and residence orders.---(1) The court on being satisfied that domestic violence has taken place may pass a protection order in favour of the aggrieved person and prohibit the accused from-- (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the aggrieved person is a child, his or her educational institution or any other place frequented by the aggrieved person; (d) attempting to communicate in any form, whatsoever with the aggrieved person, including personal, oral or written electronic or telephonic or mobile phone contact; (e) causing violence to the dependants, other relatives or any person who gives the aggrieved person assistance against domestic violence; and (f) committing any other act as specified in the protection order. (2) In addition to the order under subsection (1), or otherwise, the court on being satisfied that domestic violence has taken place may pass a residence order to-- (a) restrain the accused from dispossessing or in any other manner disturbing the possession of the aggrieved person from the household; (b) restrain the accused or any of his relatives from entering the household; and (c) direct the accused to secure alternative accommodation for the aggrieved person or if the circumstances so require to pay rent for the same. (3) The court may impose any additional conditions or pass any other direction which it may deem reasonably necessary to protect and provide for the safety of the aggrieved person or any child of such aggrieved person. (4) The court may require from the accused to execute a bond, with or without sureties, for preventing the commission of domestic violence. (5) While making an order under subsections (1), (2) or (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist the aggrieved person or the person making an application on his or her behalf in the implementation of the order. (6) While making an order under subsection (2), the court may impose on the accused obligations relating to the discharge of rent or other payments, having regards to the financial needs and resources of the parties. (7) The court may direct the officer in charge of the police station in whose jurisdiction the court has been approached to assist in the implementation of the protection order. (8) The court may direct the accused to return to the possession of the aggrieved person any property or valuable security to which she is entitled to. (9) The court shall in all cases where it has passed any order under this section, order that a copy of such order, shall be given to the parties to the application, the officer in charge of the police station in the jurisdiction of which the court has been approached as well as to the service provider located within the local limits of the jurisdiction of the court: Provided that where the domestic relationship is based on employment or domestic help the provisions of this section shall not apply.