Domestic Violence Act in India – Protection Orders, Monetary Relief & Process 2025

Facing violence at home? Domestic abuse is NOT private matter – it's a crime!

Protection of Women from Domestic Violence Act, 2005 is powerful law protecting women from abuse. Lakhs have used it to escape violence and rebuild lives.

Let's understand your rights and how to get protection.

What is Domestic Violence?

Domestic Violence (DV) = Any act of abuse by family members in domestic relationship

Under DV Act, includes:

1. Physical abuse:

• Hitting, slapping, pushing

• Burning, stabbing

• Any bodily harm

• Forced physical activity

2. Sexual abuse:

• Forced sexual acts

• Marital rape (yes, within marriage too!)

• Sexual harassment

• Forcing to view pornography

3. Emotional/Verbal abuse:

• Insults, ridicule, humiliation

• Threats to harm you/children

• Preventing from working

• Preventing from meeting family/friends

• Constant criticism

• Gaslighting

4. Economic abuse:

• Not giving money for household

• Taking your salary/earnings

• Not allowing to work

• Selling your assets

• Denying financial support

All forms are domestic violence! (Not just physical beating)

Who is Protected?

"Aggrieved person" = Woman in domestic relationship

Includes:

• Wife (married, divorced, widowed, separated)

• Live-in partner

• Sister

• Mother

• Daughter

• Any female relative (who lived together)

• Female domestic worker

Age no bar - Young or old

Who Can Be Perpetrator?

"Respondent" = Person committing violence

Can be:

• Husband

• Father, father-in-law

• Mother, mother-in-law

• Brother, brother-in-law

• Sister, sister-in-law

• Son, daughter

• Any adult male relative

• Even adult female relatives (yes, mother-in-law can be respondent)

• Live-in partner

All residing in same household

Domestic Violence Act vs 498A IPC:

Both protect women from domestic abuse, but different:

Aspect	DV Act	Section 498A (Criminal)
Nature	Civil	Criminal
Purpose	Protection + Relief	Punishment
Accused	Respondent (can be male/female)	Husband/In-laws only
Arrest	No arrest	Can arrest
Process	Simpler, faster	Criminal trial (slow)
Remedies	Protection, residence, maintenance, custody	Jail (up to 3 years)
Evidence	Lower threshold	Beyond reasonable doubt
Timeline	60 days decision	Years for trial

Can file both simultaneously!

Remedies Under DV Act:

1. Protection Order:

Court orders respondent:

• Not to commit further violence

• Not to contact you/children

• Not to enter your residence/workplace

• Not to sell/destroy shared property

• Not to threaten you

Violation = Arrest, imprisonment up to 1 year

2. Residence Order:

Right to live in shared household

Court orders:

• You can continue living in matrimonial home

• Husband can't evict you

• Even if property not in your name

• Secure accommodation if needed

Even after separation!

3. Custody Order:

Temporary custody of children to you

(Permanent custody separate court proceeding)

4. Monetary Relief:

Court orders respondent to pay:

• Maintenance for you (monthly)

• Maintenance for children

• Medical expenses for injuries

• Compensation for emotional distress

• Loss of earnings due to violence

Amount: Based on needs and respondent's income

5. Compensation Order:

For losses suffered:

• Property damage

• Medical treatment costs

• Lost wages

• Mental agony

Paid by respondent

How to File Complaint Under DV Act:

Step 1: Contact Protection Officer

Every area has Protection Officer (PO) appointed by government

PO's role:

• Help you file complaint

• Provide information

• Arrange shelter (if needed)

• Assist in medical examination

• Support through process

Find PO:

• At District Court complex

• Women's cell at police station

• Call women's helpline 181 (they'll guide)

• State Women's Commission

Step 2: File Complaint (Application)

Where: Magistrate Court (jurisdiction where you reside or incident occurred)

How:

• Through Protection Officer (free, they'll help draft)

• Through lawyer (if you can afford)

• Yourself (can file personally)

Format:

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT [CITY]

Application under Protection of Women from Domestic Violence Act, 2005

[Your Name]
D/o or W/o [Father's/Husband's Name]
Age: [Age] years
R/o [Address]
                                    ...Aggrieved Person/Applicant

Versus

[Respondent Name - Husband/In-law]
S/o [Father's Name]
Age: [Age] years
R/o [Address]
                                    ...Respondent

COMPLAINT UNDER SECTION 12 OF DOMESTIC VIOLENCE ACT, 2005

Most Respectfully Showeth:

1. That the aggrieved person is legally wedded wife of respondent, married on [Date] as per [Hindu/Muslim/etc.] rites at [Place].

2. That the aggrieved person and respondent lived together at [shared household address].

3. That the respondent has subjected the aggrieved person to domestic violence as follows:

   a) Physical abuse: [Describe incidents with dates - e.g., "On [Date], respondent slapped and pushed aggrieved person causing injuries"]
   
   b) Verbal/Emotional abuse: [e.g., "Respondent regularly abuses with filthy language, threatens to kill, prevents from meeting parents"]
   
   c) Economic abuse: [e.g., "Respondent does not provide money for household expenses despite earning ₹[Amount]/month"]
   
   d) [Describe other forms of violence]

4. That due to the said violence, the aggrieved person has suffered [physical injuries/mental trauma/financial hardship].

5. That the aggrieved person reported to Protection Officer on [Date] [if applicable].

6. That the aggrieved person seeks following reliefs:

PRAYER:

The aggrieved person humbly prays that this Hon'ble Court may be pleased to pass orders:

a) Under Section 18: Protection Order directing respondent not to commit further violence, not to contact aggrieved person

b) Under Section 19: Residence Order allowing aggrieved person to reside in shared household at [Address]

c) Under Section 20: Monetary Relief of ₹[Amount] per month as maintenance + compensation of ₹[Amount] for medical expenses and losses

d) Under Section 21: Temporary custody of minor children [if applicable]

e) Under Section 23: Ex-parte ad-interim orders for immediate protection

f) Any other relief this Hon'ble Court deems fit

Place: [City]
Date: [Date]

                                    [Your Signature]
                                    [Your Name]
                                    Aggrieved Person

Verification:
I, [Name], the aggrieved person, do hereby verify that the contents of paragraphs 1 to 6 above are true to my knowledge and belief.

Verified at [City] on [Date].

                                    [Your Signature]
                                    Aggrieved Person

Documents to attach:

✓ Marriage certificate/proof

✓ Medical certificates (injuries)

✓ Photos of injuries

✓ FIR copy (if filed)

✓ Proof of shared household

✓ Income proof (yours and respondent's)

✓ Any evidence (messages, recordings, witness statements)

Step 3: Ex-Parte Interim Orders

Immediate protection!

If urgent (serious violence, threat to life):

• Court can pass orders same day

• Without hearing respondent

• Temporary protection till full hearing

Step 4: Notice to Respondent

Court issues notice to respondent:

• Copy of your complaint

• Date of hearing

• Must appear

Step 5: Hearings

Both parties appear:

• You present case (your testimony, witnesses, documents)

• Respondent presents defense

• Court may try mediation

• Multiple hearing dates

Step 6: Final Orders

Court passes orders:

• Protection order

• Residence order

• Maintenance/compensation

• Custody (if applicable)

Timeline: 60 days (ideally, often takes 3-6 months)

Step 7: Execution

If respondent doesn't comply:

• Violation = Criminal offense

• Arrest warrant issued

• Imprisonment up to 1 year + fine up to ₹20,000

Shared Household - Your Right:

What is shared household? House where woman lives/lived in domestic relationship

Can be:

• Owned by husband

• Rented by husband

• Joint ownership

• Owned by in-laws

• Where husband has right to reside

Your right:

• Cannot be evicted (even if not your property)

• Right to live there

• Right to be protected from removal

• Even if separated/divorced (till maintenance settled)

Exception: If you voluntarily leave and settle elsewhere, right may be forfeited

Shelter Homes:

If unsafe to stay at home:

Protection Officers arrange:

• Shelter homes

• Safe houses

• Short Stay Homes (run by government/NGOs)

Free accommodation:

• Food, clothing provided

• Counseling

• Legal aid

• Children can stay with you

• Medical aid

Find nearest:

• Contact women's helpline 181

• Women's Commission

• Protection Officer

Medical Examination:

If physically injured:

Get medical certificate:

• Visit government hospital

• Doctor examines injuries

• Issues Medico-Legal Certificate (MLC)

• Crucial evidence

Police/Protection Officer can take you

Free Legal Aid:

Can't afford lawyer?

Legal Services Authority provides free lawyer:

• At District Court premises

• For women, SC/ST, poor

• No cost

Also: Many NGOs provide free legal assistance

Role of Police:

Police must:

• Register complaint (if domestic violence reported)

• Take you to hospital (if injured)

• Take you to shelter (if needed)

• Assist Protection Officer

• Enforce court orders (arrest if violation)

Can file FIR + DV Act complaint both

Children's Rights:

If you have children:

DV Act protects:

• Temporary custody to mother

• Child's right to live with mother

• Maintenance for children from father

But: Custody is temporary under DV Act. For permanent custody, file under Guardians and Wards Act

Reconciliation/Mediation:

Court may suggest mediation:

• If both willing

• Counselor tries to resolve

• No pressure to reconcile

You can refuse! Not mandatory.

Focus is your safety, not saving marriage

Common Questions:

Q1: Will husband be arrested immediately? A: Not under DV Act (it's civil). But if violated court orders, yes. If filed criminal case (498A/assault), then yes.

Q2: Can I file if only verbal abuse (no physical violence)? A: Yes! Verbal/emotional/economic abuse covered.

Q3: I'm in live-in relationship. Am I covered? A: Yes! DV Act covers live-in partners.

Q4: Can I file against mother-in-law? A: Yes! Female relatives can be respondents.

Q5: Will I have to live with him again? A: No! Residence order means you CAN live there if you want. Not forced.

Q6: How much maintenance can I get? A: Based on needs and husband's income. Typically 25-30% of his income.

Tips for Strong Case:

✓ Document abuse - Dates, incidents, details

✓ Evidence crucial - Photos, medical certificates, messages

✓ Witnesses - Neighbors, relatives, friends who saw/heard

✓ Report immediately - Don't delay

✓ Medical examination - For injuries

✓ Be truthful - False cases backfire

✓ Follow court dates - Attend all hearings

✓ Protection Officer help - Use their assistance

Safety Planning:

If planning to leave:

✓ Pack emergency bag (documents, clothes, cash)

✓ Inform trusted person

✓ Note helpline numbers

✓ Plan safe exit route

✓ Don't tell abuser your plans

✓ Leave when abuser not home (if possible)

Helplines & Resources:

Women's Helpline: 181 (24x7, toll-free, all states)

National Commission for Women: 7827-170-170

Police: 100 / 112

Child Helpline: 1098 (if children affected)

One Stop Centers: Many districts have (shelter, legal, medical, counseling - all in one place)

NGOs:

• Lawyers Collective Women's Rights Initiative

• Majlis Legal Centre

• Many state/city-level organizations

Real Cases:

Case 1: Delhi woman faced regular beatings. Filed DV Act application. Court passed protection order + residence order + ₹15,000/month maintenance. Husband violated protection order (entered house, threatened). Arrested, jailed 15 days.

Case 2: Mumbai woman facing emotional abuse (insults, prevented from working). No physical violence. Filed DV Act. Court recognized emotional abuse, granted ₹12,000/month maintenance + compensation ₹50,000.

Case 3: Bangalore live-in partner abused. Filed DV Act. Partner claimed "not married, act doesn't apply." Court held live-in relationships covered, granted protection and maintenance.

Conclusion:

Domestic violence is crime, not private matter. DV Act provides comprehensive protection and relief.

Key points:

• All forms of abuse covered (physical, verbal, emotional, economic)

• Can file for protection, residence, maintenance, custody

• Process faster than criminal case

• Free legal aid available

• Police and Protection Officers must help

You deserve life without violence. Don't suffer in silence. File complaint and reclaim your safety and dignity!

Facing domestic violence? Call 181 now. Help is available!