24 Hours Law

File a Complaint in Domestic Violence Cases

Filing a complaint in a domestic violence case involves several steps to ensure you get the necessary legal protection and support. Here's a detailed guide on how to file a complaint:

Seek Immediate Safety:

If you are in immediate danger, call emergency services (100 in India) or a domestic violence helpline (1091 for women's helpline).

1. Gather Evidence

Collect all relevant documents and evidence, such as:

• Medical reports and photographs of injuries.
• Witness statements from friends or family.
• Any threatening messages, emails, or recordings.
• Financial records if there has been economic abuse.

2. Visit the Police Station:

• Go to the nearest police station.
• Submit a detailed written complaint describing the incidents of domestic violence.
• equest the police to register a First Information Report (FIR).

3. Contact a Protection Officer:

• Protection Officers are appointed under the Protection of Women from Domestic Violence Act (PWDVA) to assist victims.
• They can help you file a Domestic Incident Report (DIR) and an application for protection orders.

4. File a Complaint with the Magistrate:

• You can directly approach the Magistrate to file a complaint under the PWDVA.
• The Magistrate can issue protection orders, residence orders, and other reliefs.
• You can seek monetary relief, custody of children, and compensation for damages.

5. Consult a Lawyer:

• Consult a lawyer who specializes in domestic violence cases.

6. Contact Women’s Organizations:

• Reach out to NGOs and women's organizations for support and counseling.
• They can provide legal aid, temporary shelter, and emotional support.

Frequently Asked Questions (FAQs) about Domestic Violence Cases

1. What constitutes domestic violence?

Domestic violence includes any form of physical, emotional, sexual, psychological, or economic abuse by one partner or family member against another within the household. It can involve physical assault, verbal abuse, intimidation, coercion, stalking, and control over financial resources.

2. What laws protect against domestic violence in India?

Protection of Women from Domestic Violence Act, 2005 (PWDVA): Provides protection, relief, and rehabilitation to women victims of domestic violence.

Indian Penal Code (BNS): Sections under Section 85 of the Bharatiya Nyaya Sanhita (cruelty by husband or relatives) address aspects of domestic violence.

Bharatiya Nagarik Suraksha Sanhita, 2023 : Section 144 provides for maintenance of wives, children, and parents.

3. How can I file a complaint if I am a victim of domestic violence?

Approach Police: File a First Information Report (FIR) at the nearest police station.

Protection Officer: Contact a Protection Officer appointed under the PWDVA who will assist in filing the complaint.

Magistrate: File an application directly with the Magistrate for protection orders and other reliefs.

Women’s Helplines: Call helplines like 1091 for immediate assistance.

4. What kind of relief can I seek under the PWDVA?

Protection Orders: Prevent the abuser from committing any act of domestic violence.

Residence Orders: Ensure the victim's right to reside in the shared household.

Monetary Relief: Compensation for medical expenses, loss of earnings, and damage to property.

Custody Orders: Temporary custody of children.

Compensation Orders: Compensation for injuries, mental torture, and emotional distress.

5. What is a Protection Officer, and what is their role?

A Protection Officer is appointed under the PWDVA to assist victims of domestic violence. Their role includes:

• Assisting in filing applications for protection orders.
• Providing information on rights and reliefs available under the PWDVA.
• Ensuring the safety and shelter of the victim.
• Helping with legal aid and counseling.

6. What should I do if the police refuse to register my complaint?

Approach Higher Authorities: Contact the Superintendent of Police (SP) or Commissioner of Police.

Women’s Cell: Approach the Women’s Cell in the police department.

File a Complaint with the Magistrate: Directly file a domestic violence complaint with the Magistrate under the PWDVA.

National Commission for Women (NCW): File a complaint with the NCW for intervention.

7. What evidence should I collect to support my domestic violence case?

Medical Reports: Document injuries and seek medical treatment.

Photographs: Take pictures of injuries and damaged property.

Witness Statements: Gather statements from people who have witnessed the abuse.

Communications: Preserve threatening messages, emails, and phone call recordings.

Financial Records: Keep records of financial abuse and control.

8. Can a man file a domestic violence complaint?

Yes, while the PWDVA specifically protects women, men can seek legal protection under general provisions of the IPC for domestic violence. They can also approach the family courts for relief.

9. How long does it take to get a protection order?

Protection orders can be issued on an urgent basis, often within a few days of filing the application, depending on the urgency and circumstances of the case.

10. Can I seek maintenance under the PWDVA?

Yes, the PWDVA allows for monetary relief, including maintenance, to cover expenses incurred and losses suffered by the victim.

11. What is the punishment for domestic violence under Indian law?

Under Section 85 of the BNS, the punishment for cruelty by husband or relatives is imprisonment for up to three years and a fine. Violations of protection orders under the PWDVA can lead to imprisonment of up to one year and/or a fine up to Rs. 20,000.

12. Are there shelters or support services available for domestic violence victims?

Yes, there are several shelters and support services available:

• Government Shelters: Short Stay Homes and Swadhar Greh provide shelter and support.
• NGOs: Many NGOs offer shelter, counseling, and legal aid.
• Helplines: National and state-level helplines provide immediate assistance.

13. Can I withdraw my domestic violence complaint?

Yes, you can withdraw your complaint. However, it is advisable to consult with a lawyer or a Protection Officer before taking such a step to understand the implications fully.

What should I do if my abuser violates the protection order?

Immediately report the violation to the police and the Protection Officer. The abuser can be arrested and punished for violating the protection order.