By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Women’s Legal Rights
Domestic violence is not just physical abuse. Under Indian law, it includes emotional abuse, verbal abuse, economic abuse, and sexual abuse within a domestic relationship. If you or someone you know is facing domestic violence — the law provides strong protection, immediate relief, and legal remedies.
What is Domestic Violence Under Indian Law?
The Protection of Women from Domestic Violence Act, 2005 defines domestic violence as any act that harms or endangers the health, safety, life, or well-being of the aggrieved person. It includes physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, and dowry-related harassment.
Who Can File a Complaint Under the DV Act?
- Wife or ex-wife
- Live-in partner or former live-in partner
- Mother, sister, daughter living in the same household
- Daughter-in-law
- Any woman in a domestic relationship with the abuser
Reliefs Available Under the DV Act
1. Protection Order
The court can order the respondent to stop violent acts, not to contact the victim, not to enter her workplace or school. Violation of a protection order is a criminal offence punishable with imprisonment up to 1 year.
2. Residence Order
The court can allow the victim to continue living in the shared household even if she has no ownership rights. The abuser can be directed to leave the shared household.
3. Monetary Relief
The court can order the respondent to pay compensation for losses — medical expenses, loss of earnings, damage to property, and maintenance for the woman and children.
4. Custody Order
Temporary custody of children can be granted to the aggrieved woman during the pendency of the DV case.
How to File a Domestic Violence Complaint
Step 1 — Contact a Protection Officer
Every district in India has a designated Protection Officer under the DV Act. Contact the Protection Officer in your district — they are required to assist you free of cost. In Visakhapatnam, contact the District Women and Child Welfare Office.
Step 2 — File Domestic Incident Report
The Protection Officer will prepare a Domestic Incident Report based on your complaint. This is the official document that records the incidents of domestic violence.
Step 3 — File Application Before Magistrate
An application for relief under the DV Act is filed before the Judicial Magistrate First Class. You can file directly through your advocate or through the Protection Officer.
Step 4 — Interim Relief
The Magistrate can grant interim protection orders and monetary relief on the first hearing itself — without waiting for the respondent’s reply. This is a crucial provision for immediate safety.
Frequently Asked Questions
Q: Can I file DV Act complaint without leaving home?
Yes. The DV Act specifically protects your right to continue living in the shared household. You do not need to leave your home to file a complaint. The abuser can be directed to leave instead.
Q: Is DV Act complaint free of cost?
Yes. You can file through the Protection Officer completely free. Legal aid is available through the District Legal Services Authority if you cannot afford an advocate.
Q: What if the abuser violates the protection order?
Violation of a protection order is a cognizable and non-bailable offence. The abuser can be arrested immediately and faces imprisonment up to 1 year and fine up to Rs 20,000.
Facing domestic violence in Visakhapatnam? Advocate Ganta Surya Kiran at 19 Law Chambers provides immediate and confidential legal assistance to domestic violence victims.
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Disclaimer: This article is for general legal education only. Please consult a qualified advocate before taking any legal action.