Domestic violence is not just physical abuse—it includes emotional, verbal, sexual, and financial abuse as well. In India, women facing domestic violence have strong legal remedies available under the Protection of Women from Domestic Violence Act, 2005. This blog outlines how the law protects women and the steps they can take to seek justice and safety.
🔹 What Is Considered Domestic Violence?
Under the Act, domestic violence includes:
- Physical abuse (hitting, slapping, pushing)
- Verbal and emotional abuse (insults, name-calling, threats)
- Sexual abuse (forced intercourse or degrading sexual behavior)
- Economic abuse (withholding money, not allowing the woman to work)
🔹 Who Can File a Complaint?
Any woman who is or has been in a domestic relationship (wife, partner, daughter, mother, sister, etc.) and is subjected to abuse by a male member (husband, father-in-law, brother, etc.) can seek protection.
🔹 Key Legal Remedies Available
- Protection Order: Prevents the abuser from committing any further acts of violence or contacting the victim.
- Residence Order: Allows the woman to live in the shared household without being evicted.
- Monetary Relief: Compensation for loss of earnings, medical expenses, or damages due to abuse.
- Custody Order: Temporary custody of children can be granted to the mother.
- Compensation Order: For mental torture and emotional distress.
🔹 Where to File a Complaint?
You can approach the:
- Nearest police station
- Protection Officer appointed by the state
- Magistrate’s Court (under Section 12 of the Act)
Complaints can also be submitted through NGOs, women’s help centers, or directly to the District Legal Services Authority (DLSA).
🔹 Role of the Court
The Magistrate must schedule the first hearing within three days and dispose of the case within 60 days. Immediate interim relief can be granted, even before final judgment.
🔹 False Allegations and Misuse?
While the Act is intended to protect, courts also assess the facts carefully. If a complaint is proven false, it may affect credibility in related legal proceedings (e.g., divorce or custody). Proper legal counsel is crucial on both sides.
🔹 Role of a Family Law Advocate
- Helps file the application and draft affidavits
- Represents the woman before the Magistrate or Family Court
- Assists in seeking interim and permanent reliefs
- Coordinates with police and protection officers
🔹 Final Word
No woman should live in fear under the roof of her own home. The law offers protection, support, and legal recourse—but timely action and proper guidance are key. If you or someone you know is a victim of domestic abuse, speak up. Legal help is available.
Facing domestic violence? Speak to a family law advocate in Gujarat and secure your rights today.