If you are in immediate danger, safety comes before procedure. Get somewhere safe, call the police on 15, and seek medical attention for any injury. The legal position can be dealt with afterwards. It cannot be dealt with at all if you are not safe.
This sets out what the law provides, written for someone deciding what to do next. It is general information, not advice on your circumstances.
The law provides more than most people know
Domestic violence legislation has been enacted in Pakistan at provincial level, including in Sindh, and it goes considerably further than most people assume.
Crucially, "violence" under this legislation is not limited to physical assault. Depending on the applicable law it extends to emotional and psychological abuse, economic abuse — withholding money, denying access to resources — and stalking and harassment.
Protection extends beyond a spouse, to women, children and other vulnerable household members.
The orders available
A protection order restraining the respondent from committing further acts, from contacting or approaching you, and from entering your place of work or study. It can also require the surrender of weapons.
A residence order dealing with occupation of the shared household. This matters because the most common practical obstacle is having nowhere else to go. The order can restrain the respondent from dispossessing you, and in appropriate cases exclude them from the residence — you are not automatically the one who has to leave.
A monetary order for maintenance, medical expenses, loss of earnings and, in some cases, the cost of alternative accommodation. Economic dependency is what traps people in these situations, so this order is often the one that makes leaving possible.
Custody arrangements, on an interim basis, where children are involved.
Applications are made to the court with jurisdiction under the applicable provincial law, and the legislation contemplates that they be dealt with urgently, with interim relief available.
Criminal proceedings run separately
Assault, criminal intimidation, wrongful confinement and related offences are criminal matters, dealt with by FIR and prosecution — separate from, and capable of running alongside, a protection order.
You do not have to choose. A protection order restrains future conduct; a criminal case addresses what has already happened. See how to get an FIR registered.
Where the police decline to register a case, there are remedies, including approaching the Justice of the Peace and, where necessary, the High Court.
Evidence that helps
You may have less than you think, and it may be enough.
- Medical records. Attend a hospital and ensure the cause is recorded. This is the strongest single form of evidence and the one most often not obtained.
- Photographs of injuries, dated
- Messages, call logs, voice notes and emails — preserve them; do not delete the conversation, however much you want to
- A dated diary of incidents, written as close to the time as possible
- Witnesses — family, neighbours, colleagues, domestic staff
- Police records of any previous complaint
- Financial records where economic abuse is in issue
Preserve, do not confront. Telling the respondent what you have collected generally results in your losing access to it.
Practical steps
Keep your documents somewhere safe — CNIC, nikah nama, children's documents, educational and bank records. Withholding identity documents is a common control mechanism, and recovering them later is difficult. If you can, keep copies with someone you trust.
Maintain some independent access to money if it is safe to do so.
Tell someone. Isolation is what makes these situations persist.
Think about the children's position — school, documents, routine — before a crisis forces the decision.
Divorce, custody and maintenance are separate claims
A protection order does not dissolve a marriage or resolve custody permanently. Those are separate proceedings, and they can be brought alongside:
- Khula and dissolution, and the delegated right of divorce recorded in many nikah namas — worth checking, as many women hold it without knowing
- Custody and maintenance, where the father's obligation to maintain children continues regardless
- Recovery of dower and dowry articles, which remain yours
Do not sign any document relinquishing claims during a family negotiation. Those signatures are produced later, and they are difficult to undo.
If you are outside Pakistan
Where a family member in Pakistan is at risk, or where you are abroad and need proceedings brought here, most steps can be conducted through an attested power of attorney — though the Family Courts are more likely than other forums to require a party in person at some stage. See family matters from abroad.
How the firm can help
We apply for protection, residence and monetary orders, act in the criminal proceedings that may run alongside, and handle the dissolution, custody, maintenance and dower claims that usually follow.
These matters are handled discreetly, and we understand that a first conversation may be difficult and may need to happen at a particular time or through a particular number. Tell us what is safe for you.
If you are in immediate danger, call 15 first. Otherwise contact the firm or telephone the chambers on (021) 3263 7006, and we will tell you what protection is available and how quickly it can be obtained.