The Protection of Women from Domestic Violence Act, 2005, guards the rights of women who suffer abuse from their husbands or in-laws, which is now reflected in the relevant criminal penalties under the Bharatiya Nyaya Sanhita, 2023.
Procedure Stages:
Identify Post Abuse: Physical, verbal, emotional, sexual, or economic abuse.
Please approach the authorities listed below:
- Reach the Police Station in your locality
- Protection Officer appointed under the Act
- The Magistrate’s Court directly
- Contact NGOs or women’s helplines so that you have help in your filing.
Prepare Your Complaint: Write down:
- Your details.
- The accused details.
- Nature of abuse (with dates and evidence if possible)
Lodge the Complaint:
- Give it in writing to the Police/Protection Officer/Magistrate
- Give an oral statement, which will be written down and read back to you
Role of Protection Officer – They help regarding:
- Medical aid
- Shelter arrangements
- Applying for protection and maintenance orders
Magistrate's Orders – The court may issue:
- Protection orders (stop further abuse)
- Residence orders (right to stay in the shared household)
- Monetary relief (maintenance)
- Custody orders (temporary child custody)
Criminal Case (if required): If a crime is also committed with regard to the abuse (like serious physical assault), an FIR can be registered under IPC/BNS provisions.
📌 Tip: There is no cost for filing a domestic violence complaint. The proceedings for this case are intended to be speedy.
FAQs – Complaints for Domestic Violence
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1. What constitutes "domestic violence" under Indian law?
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It includes infliction upon the woman of physical, sexual, verbal, emotional, or economic abuse by the husband, live-in partner, or any of the in-laws.
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2. Who can file a domestic violence complaint?
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Any woman who was, or is in a domestic relationship with the abuser can file – wives, live-in partners, mothers, sisters, widows, etc.
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3. Can a man file a case against domestic violence?
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No. The DV Act is for women alone. However, if a man is being abused, he may file under other laws.
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4. Where can I file a complaint of domestic violence?
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You can approach:
- Local police station
- Protection Officer
- Magistrate's court
- Women's helpline or NGO
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5. Is a lawyer needed to file a domestic violence complaint?
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No. You can file it yourself or have it filed by a Protection Officer or NGO.
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6. What documents or evidence are needed?
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Any evidence, like photographs, medical reports, audio/video recordings, witness statements, and messages, can support your case. However, lack of evidence does not debar you from filing.
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7. Can I get immediate protection from the ensuing abuse?
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Yes. You can request an interim protection order from the Magistrate, which is usually granted quite speedily.
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8. What orders can the court give under the DV Act?
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Protection order
Residence order (right to live in shared household)
Monetary relief (maintenance)
Custody order for children
Compensation for harm -
9. Can I live in my husband's house during the case?
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Yes. The law gives you the right to live in that shared household regardless of owning it.
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10. Is there a fee for filing a complaint for domestic violence?
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Yes. There are no court fees for DV cases.
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11. How quickly will the court decide on my case?
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The law requires that the Magistrate hears the case within three days and decide within 60 days.
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12. May a criminal case be filed along with a DV case?
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Yes, the FIR can be filed if the violence consists of criminal offences such as assault, cruelty under BNS 85, dowry death, etc.
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13. Role of Protection Officer?
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They assist in the complaint filed, arrange shelter and medical help, and submit a Domestic Incident Report to the Magistrate.
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14. Is it possible to convey the domestic violence abuses without disclosure of the identity?
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You will be able to get initial help without your identity being revealed, but your details will be required for legal proceedings.
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15. What will happen if the court order was disobeyed by my husband?
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He will face arrest and punishment through imprisonment (of up to 1 year) or a fine.
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16. Is mediation possible in DV cases?
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Yes, but the woman has to agree, and her safety is not compromised.
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17. Can I withdraw my complaint of domestic violence?
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Yes, you can withdraw, but the court will ensure that it is voluntary and free from any pressure.
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18. Does the law of domestic violence extend to live-in relations?
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Yes. Its conditions can be claimed if the relationship was of marriage-like nature.
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19. Can I file DV after divorce?
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Yes, when the violence happened in the period of domestic relationship.
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20. How can I file a DV case if I cannot walk to the police?
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You can call the 181 Women Helpline, email the Protection Officer, or approach an NGO – they can file on your behalf.
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