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Domestic Violence Law in Bangladesh: Protection, Residence, Custody and Compensation Orders

The Domestic Violence (Prevention and Protection) Act, 2010 allows an affected woman or child to seek protective court orders against physical, psychological, sexual and economic abuse arising from a family relationship.

The court may make interim protection, protection, residence, temporary custody, safe custody and compensation orders. These remedies may operate alongside a criminal case, divorce, maintenance or custody proceeding.

Who is protected?

The Act defines an aggrieved person as a woman or child who is or has been subjected to domestic violence because of a family relationship.

The statute is therefore not written as a general gender-neutral remedy for every adult. An adult male subjected to family violence may need to rely on criminal law, civil remedies or another statute rather than assume that he qualifies as an aggrieved person under this Act.

A “family relationship” is defined by the Act and may include specified relationships arising from blood, marriage, adoption or a joint family setting.

What counts as domestic violence?

Section 3 includes physical abuse, psychological abuse, sexual abuse and economic abuse.

Domestic violence is not limited to visible injury. Depending on the statutory definition and evidence, it may include intimidation, humiliation, threats, controlling access to money, preventing lawful use of property, sexual coercion or conduct causing psychological harm.

An ordinary family disagreement is not automatically domestic violence. The alleged conduct must fall within the statutory categories.

Who may file the application?

Section 11 allows the aggrieved person to apply to the court. An application may also be made on her behalf by an enforcement officer, service provider or another person recognised by the section.

The court fixes a hearing date within seven working days after receiving the application, according to the statutory procedure.

This is particularly important where the woman or child is in hospital, shelter, confinement or another situation that prevents personal filing.

Where may the application be filed?

Section 12 provides territorial rules connected with matters such as where the applicant resides temporarily or permanently, where the respondent resides or where the domestic violence occurred.

A survivor who leaves the shared home for safety should not assume that leaving automatically removes jurisdiction or legal protection.

The correct court should be selected using the current statutory wording and local court structure.

Interim protection order

Section 13 permits the court to issue an interim protection order where preliminary materials justify urgent protection before final determination.

The court may act without waiting for a full trial where delay would expose the aggrieved person to further harm. The respondent must later receive notice and an opportunity to answer according to the Act.

An interim order should not be treated as a final finding of criminal guilt.

Protection order

Under section 14, the court may restrain the respondent from committing domestic violence, assisting it, entering specified places, communicating with the aggrieved person or engaging in other prohibited conduct stated in the order.

The order should be drafted clearly enough that both parties understand what communication, presence or conduct is prohibited.

Indirect communication through relatives, colleagues or social media may still violate an order if it falls within its terms.

Residence order

Section 15 authorises residence-related protection. Depending on the circumstances, the court may restrain dispossession, regulate occupation of the shared residence, require alternative accommodation or make another order permitted by the section.

A residence order protects safety and housing. It does not necessarily make a final determination of ownership or title to the property.

A respondent cannot defeat the protective purpose merely by saying that the house is registered in another family member’s name, although the rights of third parties and the exact statutory basis must be considered.

Compensation and financial loss

Section 16 permits compensation for loss and injury resulting from domestic violence. Relevant loss may include medical expenditure, destruction or removal of property, lost earnings and other consequences recognised by the statute.

The applicant should produce medical bills, repair estimates, salary evidence, bank records and proof of damaged or removed property.

Compensation under this Act should be distinguished from maintenance or dower, which arise under separate family-law provisions.

Temporary custody and safe custody

The Act permits custody-related protective orders concerning children and safe custody where required.

A temporary order under the domestic-violence law does not necessarily replace a final Family Court determination of custody. The Family Court later applies the child-welfare test.

The applicant should disclose any existing Family Court order to avoid inconsistent proceedings.

Evidence

Useful evidence may include:

  • Medical records and photographs
  • Police or General Diary records
  • Threatening messages and call records
  • Witness accounts
  • Financial records showing deprivation
  • School or workplace reports
  • Prior protection applications
  • Evidence of damaged property
  • Psychological or counselling records
  • Existing divorce, maintenance or custody files

A delay in reporting does not automatically prove that violence did not occur. The court may consider fear, dependence, children and social circumstances.

Breach of a protection order

Breach of a protection order is an offence under section 30. The precise charge and punishment depend on whether it is a first or subsequent breach and the statutory facts.

The protected person should preserve evidence and report the breach promptly rather than negotiate privately where safety is at risk.

Relationship with criminal law

Domestic violence may also constitute an offence under the Penal Code, the Women and Children Repression Prevention legislation, the Dowry Prohibition Act or another criminal law.

A protection application and a criminal complaint serve different purposes. One seeks immediate civil-protective orders, while the other may seek investigation, prosecution and punishment.

A court protection order does not automatically convict the respondent of a separate criminal offence.

Survivors and respondents living abroad

Where the survivor is abroad but the violence, shared residence, child or respondent is connected to Bangladesh, jurisdiction must be examined under section 12 and general procedural law.

Where all conduct and parties are abroad, the law of the foreign country may provide the immediate protection. The Bangladesh Act should not be presented as automatically controlling wholly foreign conduct.

Electronic threats sent from abroad may nevertheless create evidence and may engage cyber or criminal law where the statutory jurisdictional conditions are met.

Time for disposal

Section 20 directs the court to dispose of applications, other than the specified compensation application, within sixty working days from service of notice, subject to the statutory framework.

This is a legislative target. Actual delay does not itself cancel the application.

Common mistakes

Common mistakes include waiting for physical assault before seeking protection, treating a residence order as final ownership and failing to disclose other family proceedings.

Another mistake is deleting threatening messages after blocking the respondent. Evidence should be preserved safely before access is restricted.

Law updated as of 13 July 2026.

Primary sources: Domestic Violence (Prevention and Protection) Act, 2010, sections 2, 3 and 11 to 20 and section 30; Domestic Violence (Prevention and Protection) Rules; Family Courts Act, 2023; applicable criminal statutes.

Legal-information disclaimer: This article provides general legal information, not legal advice. Anyone facing immediate danger should contact emergency services, police, a protection service or a licensed advocate without delay.