Facing domestic violence? How the law protects you
The Protection of Women from Domestic Violence Act, 2005 lets a woman get protection orders, the right to stay in the shared home, money for expenses, and custody of children, quickly and through a Magistrate.
If you are in danger now
Call 112 for the police, or 181, the Women Helpline. Go to a safe place if you can.
Who is protected
Any woman in a domestic relationship with the abuser, meaning someone she lives or has lived with in a shared household as a wife, live-in partner, daughter, sister, mother, widow or other family member.
What counts as domestic violence
The Act covers much more than physical violence (Section 3):
- physical abuse: hitting, pushing, any bodily harm;
- sexual abuse: any sexual conduct that humiliates or degrades;
- verbal and emotional abuse: insults, name-calling, threats, ridicule, including about not having a child or a son;
- economic abuse: taking away money, salary, jewellery (stridhan) or property, or denying money for basic needs;
- dowry harassment.
How to get help
- Protection Officer: every district has one. They record a Domestic Incident Report and help you apply to the Magistrate.
- Service providers: registered NGOs can also help record the complaint and arrange shelter or medical help.
- Apply to the Magistrate yourself or through a lawyer (Section 12). The first hearing should normally take place within 3 days, and the case should be decided within 60 days of the first hearing.
What the Magistrate can order
- Protection order (Section 18): stops the abuser from committing violence, contacting you, or entering your workplace.
- Residence order (Section 19): you cannot be thrown out of the shared household. You have a right to live there whether or not you own it (Section 17).
- Monetary relief (Section 20): money for expenses, loss of earnings, medical costs and maintenance.
- Custody order (Section 21): temporary custody of your children.
- Compensation (Section 22): for injuries and mental distress.
Breaking a protection order is a criminal offence (Section 31).
Free legal help
You are entitled to a free lawyer as a woman: call 15100 or visit the District Legal Services Authority at your district court. See our free legal aid checker and maintenance guide.