How can you go to Court for Domestic Violence?

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[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)). You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

You are a woman who has faced domestic violence.
You are/were in a domestic relationship with the harasser when the violence took place.
You have/had a shared a household with your harasser.

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support(( Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.)).

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following(( Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.)):

Protection from your harasser against violence. This is known as a protection order.
Monetary Support for yourself and your child. This is known as a maintenance order.

An order to stay in your house. This is known as a residence order.

Comments

Bhupinder Singh

October 3, 2022

Wether any inquiry is required to be conducted by protection officer from the opposite party to know whether complaint is false and base less etc.

N.SUVARNA

January 28, 2024

Sir we kindly requesting my family is abussing me we need help sir and we went police station also but we didn”t get any help they filed case but requsting them please file a dvc but they file just 323,604,407.we looking for help and our sitution also very bad kindly anyone please help us sir.

N.SUVARNA
GANDHINAGAR,CHINTAL,
QUTHBULLAPUR.
PH.7330849554

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Related Resources

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place.

How can you get Immediate Protection for Domestic Violence?

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer.

What is Counseling under Domestic Violence law?

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence.

What is domestic violence?

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger.

What is a Shared Household ?

You live in a shared household with your harasser if you lived with the harasser, have a domestic relationship with the harasser and have/do not have a legal share in the house.