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Domestic Violence Act India: How to File FIR, Protection Order & Women's Rights Under DV Act 2026

  • Feb 18
  • 3 min read

Domestic violence is illegal in India, and women have strong legal protections under:

  • Protection of Women from Domestic Violence Act, 2005 (DV Act) – civil protection and financial relief

  • IPC Section 498A – criminal punishment for cruelty and dowry harassment

You can use both laws simultaneously.

1. What legally counts as domestic violence?

Domestic violence is not limited to physical beating. The DV Act recognizes:

Physical abuse

  • Hitting, slapping, pushing, burning, confinement

Sexual abuse

  • Forced sexual acts or degrading sexual conduct

Emotional/verbal abuse

  • Insults, humiliation, threats, isolation, character assassination

Economic abuse

  • Denying money for household expenses

  • Taking your earnings

  • Preventing employment

  • Destroying belongings or stridhan

Dowry harassment

  • Demands for money/property (also punishable under Section 498A IPC)

You do not need medical proof or visible injuries to file a complaint.

2. Who is protected?

Any woman in a domestic relationship, including:

  • Married wives (even separated or divorced for past abuse)

  • Women in live-in relationships (relationships similar to marriage)

  • Mothers, daughters, sisters, widows, and other female relatives

  • Women living in the same shared household

Respondents (accused) can include:

  • Husband or partner

  • In-laws and other relatives (male or female)

3. Key rights available under the DV Act

Courts can grant several types of relief:

Protection Orders

  • Abuser prohibited from committing violence

  • No contact or harassment

  • Stay-away orders from home or workplace

  • Violation is a criminal offense

Residence Rights

  • You cannot be evicted from the shared household, even if you do not own it

  • The court can:

    • Allow you to stay in the home

    • Order the abuser to move out

    • Provide alternate accommodation or rent

Monetary Relief

  • Monthly maintenance for you and your children

  • Medical expenses

  • Compensation for injuries and emotional trauma

  • Reimbursement for destroyed property

Child Custody

  • Temporary or permanent custody can be granted

  • The court prioritizes the best interest of the child

  • An abusive parent may receive restricted or supervised visitation

4. Criminal action: Section 498A IPC

If cruelty or dowry harassment occurs, you can file an FIR under Section 498A IPC, which may lead to:

  • Arrest and criminal investigation

  • Punishment up to 3 years imprisonment + fine

  • Charges can include the husband and relatives

Other IPC sections (assault, intimidation, breach of trust, etc.) may also apply.

5. Immediate steps if facing violence

If in immediate danger

  • Call 112 / 100 (Police)

  • Women’s helpline 181 / 1091

  • Go to a safe place or shelter

  • Seek medical treatment and request a Medico-Legal Certificate (MLC)

If not in immediate danger

  • Document incidents (messages, photos, notes)

  • Contact:

    • Protection Officer (district level)

    • Women’s organizations

    • Lawyer or legal aid authority

  • File a DV complaint before the Magistrate Court (no court fee)

You can request interim protection orders and interim maintenance immediately, often within days or weeks.

6. How to file a domestic violence case

You may file:

  • Directly in the Magistrate Court

  • Through a Protection Officer

  • Through registered NGOs/service providers

Application should include:

  • Details of abuse incidents

  • Relationship with the respondent

  • Address of shared household

  • Relief requested (protection, residence, maintenance, custody)

Free legal aid is available through District Legal Services Authorities.

7. Residence and financial rights — important facts

  • You can stay in the marital/shared home even if it belongs to the husband or in-laws

  • Leaving the house for safety does not remove your right to return

  • Courts can order rent or alternate accommodation

  • Maintenance is based on:

    • Husband’s income

    • Your needs and your children’s needs

    • Standard of living during marriage

8. After filing — what happens?

Typical process:

  1. Application filed

  2. The court issues a notice to the respondent

  3. Interim orders (protection, maintenance, custody) may be granted quickly

  4. Evidence and hearings

  5. Final order (may take months)

If the respondent violates court orders, police action can be taken.

9. Additional support and resources (India)

Emergency

  • Police: 112 / 100

  • Women’s helpline: 181

  • Women in distress: 1091

Legal aid

  • District Legal Services Authority (free lawyers)

Other help

  • Protection Officers (district administration)

  • One Stop Centres (violence support services)

  • Women’s shelters (Swadhar Greh, NGO homes)

  • National Commission for Women's complaint portal

10. Important realities to remember

  • Domestic violence includes emotional, verbal, sexual, and financial abuse

  • You can file a DV Act case and a criminal case together

  • You do not need a marriage certificate to file

  • Free legal help is available

  • The law allows you to stay in your home, receive financial support, and protect your children

Key takeaway

Indian law provides strong protections against domestic violence—immediate protection orders, residence rights, maintenance, child custody, compensation, and criminal prosecution of abusers. If you or someone you know is experiencing abuse, contacting a helpline, a Protection Officer, or a legal aid office can begin the process of securing safety and legal protection.

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