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Guides · Domestic Violence

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

  1. Protection Officer: every district has one. They record a Domestic Incident Report and help you apply to the Magistrate.
  2. Service providers: registered NGOs can also help record the complaint and arrange shelter or medical help.
  3. 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.

Sources

Not legal advice. This is general information prepared from the sources above. For advice on your situation, consult an enrolled advocate.
Domestic ViolenceWomen's RightsFamily Law
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