Domestic violence case procedure and protection orders

Protection Under Domestic Violence Act, 2005:

The Protection of Women from Domestic Violence Act provides comprehensive protection to women from domestic abuse.

Definition of Domestic Violence:

• Physical Abuse: Hitting, slapping, beating, kicking
• Sexual Abuse: Forced sexual acts, marital rape
• Verbal/Emotional Abuse: Threats, insults, humiliation
• Economic Abuse: Controlling finances, denying basic needs

Who Can File Complaint:

• Wife (married, divorced, separated)
• Live-in partner
• Female relatives living in shared household
• Protection Officer or service provider

Procedure for Filing Case:

1. Complaint to Protection Officer: Available at district level
2. Domestic Incident Report: Officer prepares detailed report
3. Medical Examination: If physical injuries present
4. Application to Magistrate: Through Protection Officer or directly
5. Ex-parte Orders: Immediate protection without husband's presence
6. Service of Notice: Court serves notice to respondent

Types of Protection Orders Available:

1. Protection Order:

• Prohibit violence and threats
• Restrict entry to workplace/school
• No communication except through court
• Surrender weapons if any

2. Residence Order:

• Right to continue living in shared household
• Restrain husband from disposing property
• Alternative accommodation if required

3. Monetary Relief:

• Monthly maintenance for wife and children
• Medical expenses compensation
• Loss of earnings due to violence
• Litigation costs

4. Custody Order:

• Temporary custody of minor children
• Visitation rights for husband
• Child support arrangements

Required Evidence:

• Medical reports of injuries
• Photos of injuries with dates
• WhatsApp/SMS threats as screenshots
• Audio/video recordings if available
• Witness statements from neighbors/relatives
• Bank statements showing financial control

Emergency Remedies:

• Police assistance under Section 12
• Women's helpline: 181
• Emergency shelter homes
• Legal aid services

Violation of Orders:

Breach of protection orders is punishable with imprisonment up to 1 year or fine up to ₹20,000 or both.

For immediate legal protection from domestic violence, contact Metis Law Chamber's family law experts specializing in women's rights.