How can you go to Court for Domestic Violence?

Last updated on Apr 8, 2022

[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 protection1. 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:

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 support2.

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following3:

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

  1. Section 18, The Protection of Women from Domestic Violence Act, 2005.[]
  2. Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.[]
  3. Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.[]

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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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