4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes. The Punjab Protection of Women against Violence Act 2016 allows victims of domestic violence to obtain protection orders to order the accused not to have any communication and stay a specific distance away from the victim, surrender any firearms and refrain from attempting to cause harm to her.[19]

The Ministry of Women Development set up 10 crisis centers to help the victims of domestic violence and raise people's awareness level on this issue. In 2011, the Senate of Pakistan passed the Acid Control and Acid Crime Prevention Bill to repress acid attacks in the country; it also passed the Prevention of Anti-Women Practices Bill.[20]

Domestic violence issues are not specifically covered in the Pakistan Penal Code, however, there are several sections covering issues regarding miscarriage, abandonment of children under 12 years old, causing hurt, wrongful confinement and restraint. Laws on sexual violence come under the umbrella of the Hudood Ordinances 1979. In spite of this, women are more victimized than ever and can rarely seek relief under these laws. In December 2006, the Protection of Women (Criminal Laws Amendment) Act was passed containing several clauses in the Pakistan Penal Code and the Criminal Procedure Code regarding sexual assaults on women and some modifications were made to the Zina Offense as well. In 2001, Section 174-A was added to the Criminal Procedure Code in an attempt to curb dowry-related violence.[21]

In August 2009, the National Assembly of Pakistan passed the Domestic Violence Bill that lays down provisions for the protection of and monetary compensation for victims and punishment in the form of fines or jail time for those who violate protection orders.[22]

Under the Domestic Violence Prevention and Protection Act, the penalties of violation of a protection order include imprisonment of six month to one year and a fine of PKR 100,000 for the first breach.[23]
4.1.2 Who can petition for civil protection orders?
Advocacy groups are well aware of the plight of the majority of Pakistani women —owing to their disadvantaged position in society, arguably, the major cause of gender oppression — and have been persistently demanding, lobbying and striving for legislation that provides protection to victims of abuse.[24]
4.1.3 Are there temporary custody of a child or child support orders?
Under the Domestic Violence Prevention and Protection Act 2009, the definition of the scope is fairly wide, it extends protection against domestic violence to children and other vulnerable persons and thereby ensures a safe domestic environment. It falls in line with the constitutional provisions that empower the state to make special measures and undertake affirmative action for the protection of women and children.[25]
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

An accused found guilty of committing the act of domestic violence will only receive a warning not to do certain acts based on the protection orders.[26]

In the Punjab Protection of Women against Violence Act of 2016, the court can pass residence orders to ensure that the accused or members of his family do not evict the victim from her marital home. If the victim wishes, she can be relocated to the Dar-ul-Aman or another location of her preference, if she fears violence from the accused person or his family.[27]
4.1.5 Are there any other types of emergency, preventive and civil protection orders?

In the context of Pakistan, any legislation that attempts to make domestic violence against women directly an offense, would possibly not make its way through the country's parliament, given its male-dominated membership.[28]

However, the Punjab Protection of Women against Violence Act provides for the setting up of violence against women centers, which will provide all essential services to ensure the speedy reporting of crimes, registration of cases, timely medical examinations and collection of forensic and other evidence. Services provided for survivors of violence include counseling, medical care, legal aid, coordination with local law enforcement agencies and temporary shelter at Dar-ul-Aman.[29]
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

These orders can be requested through the courts. For example, a civil court in Karachi issued a restraining order in a case registered under the Sindh Domestic Violence Act 2013 and barred the husband, accused of physically assaulting his wife, from entering his wife's workplace and household. The court provided security to the petitioner and issued a bond from the accused for preventing the commission of domestic violence.

Victims of domestic violence can approach a court themselves, or through the women protection officers, to obtain interim, protection, residence or monetary orders to prevent further violence, retain the right to reside in the marital home and obtain maintenance from the accused. The court will define the period of validity of an order.[30]
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
The court will set the period of an order on a case-by-case basis.
4.1.8 Are ex parte orders permitted without the aggressor being present?
The victim can approach a court without the aggressor being present.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
A court can pass residence orders to ensure that the accused or members of his family do not evict the victim from her marital home. If the victim wishes, she can be relocated to the Dar-ul-Aman or another location of her preference, if she fears violence from the accused person or his family.[31]
4.1.10 How long do the orders last?
The court will set the period of an order on a case-by-case basis.
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?
No information is available.
4.2.2 Does the victim need to attend a hearing?
No information is available.
4.2.3 Can you request remedies?
The Pakistani government is currently setting up violence against women centers, which will provide all essential services to ensure the speedy reporting of crimes, registration of cases, timely medical examinations and collection of forensic and other evidence. Services provided for survivors of violence include counseling, medical care, legal aid, coordination with local law enforcement agencies and temporary shelter at Dar-ul-Aman.[32]
4.2.4 Are there time limits?
No.
4.2.5 Are there different rules in emergencies?
No information is available.
4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

In 1999, Human Rights Watch found that rather than responding actively to violations of women's rights to life, to security of the person and to be free of discrimination, the government has acted, through its police, medico-legal, prosecutorial and judicial systems, to block access to redress and justice for female victims of violence.[33]

In 2019, Pakistan planned to set up more than 1,000 courts dedicated to tackling violence against women, seeking to tackle a problem activists say the criminal justice system has long neglected.[34]

The new courts will operate in existing courthouses, but will hold domestic violence hearings separately from other cases to enable victims to testify in confidence. A pilot court was opened in 2017 in Punjab, Pakistan's most populous province.[35]
4.3.2 Are there age limits on who can obtain orders?
No information is available. 
4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?
Monetary orders direct the accused person to pay monetary relief to the victim to meet expenses incurred, e.g., loss of earning, medical expenses and any other harm suffered. Monetary orders can also include maintenance for a specified period.[36]
4.4.2 Can they recover wages and profits lost?
Please see Section 4.4.1.
4.4.3 Is a separate civil process required?
All of these processes are handled by the same protection and court.