Domestic violence is one of the big issues affecting millions of women around the globe. In pursuit of doing justice and maintaining a healthy environment that provides a safe scenario for women, India proposed the Protection of Women from Domestic Violence Act way back in 2005. This was a law with a purpose that could provide legal immunity against domestic violence physical, emotional, sexual, or economic. Knowing what to do in a situation of domestic violence for oneself or a friend could be the most empowering tool in finding justice and taking back safety.
This blog will go on to explain how to file a case under the Domestic Violence Act, rights of women under the act, and actions against domestic violence in India. Resources for Legal Help on Filing a Domestic Violence Case: Who can file a complaint under the Domestic Violence Act? What kinds of abuse are covered under the Domestic Violence Act?
Understanding Domestic Violence in India
Before understanding the process of filing a complaint, it is significant to know what constitutes domestic violence. The Protection of Women from Domestic Violence Act covers various forms of abuse, which can include the following:
- Physical Abuse: Any form of hitting, slapping, kicking, or inflicting bodily harm.
- Sexual Abuse: forced sexual acts, marital rape, and other forms of sexual exploitation.
- Emotional or psychological abuse: rude, humiliating, or dominating treatment causing hurt to emotions.
- Economic Abuse: Prevention of women from accessing economic resources or control over her capability to earn.
Is it possible to anticipate violence? The prevention of violence is possible with creating awareness and open communication, along with taking legal protection at the earliest. As per the law, women can seek action immediately once they feel unsafe.
Who Can File a Complaint Under the Domestic Violence Act?
The Domestic Violence Act has enabled different people to file a complaint rather than only the victim. Any woman who has been a victim of domestic violence, whether in a matrimonial relationship, live-in relationship, or familial relationship, can file a complaint.
Besides, the following can file on behalf of the victim:
- Any woman with a domestic relationship with the abuser (such as a mother-in-law, daughter-in-law, or sister).
- Children or family members who witnessed the abuse and are seeking protection for her.
- Legal guardian or representative of the woman on her behalf, especially if she is a minor or incapacitated.
How to File a Complaint Step by Step
- Collect Evidence
One should note all evidence of abuse before filing a complaint. This encompasses photographs of injuries, medical records, witness statements, and any type of communication by messages, emails, or recordings that supports the allegations. This would also be the evidence for pleading a case in court.
- Approach the local police station or Women’s Cell
The first step on how to file a case under the Domestic Violence Act is approaching your local police station or women’s cell at a nearby police station. They are compelled to help women who are suffering from domestic violence, and they are also obligated to take the complaint seriously. You will have to file a First Information Report detailing the abuse.
You should recall that you can receive protection by the police in case you feel your life might be in danger. If you do not know how to go about approaching the police, then seek legal guidance by soliciting services from Domestic Violence Lawyers in Chennai who will walk you through the whole procedure of filing a case against domestic violence.
- File a complaint with the Protection Officer
Once you lodge a complaint with the police, you will be referred to a Protection Officer. The officer will assess the case and take action by implementing a Protection Order and a DIR.
The Protection Officer will also refer your options to you, such as interim orders for immediate protection from further abuse. They can also be helpful in providing shelter and counseling services. The Protection Officer will also facilitate communication with the Social Welfare and Women Empowerment Department to support women victims.
- Court Procedure and Orders
The final step in making a complaint is seeking redressal from the court. When the Protection Officer makes a report, the court may issue an order for protection, maintenance, custody, or compensation.
- Protection Orders can prevent the abuser from contacting or coming near the victim.
- Maintenance Orders may provide the victim with financial support.
- Custody Orders may grant the victim custody of children.
- Compensation Orders enable monetary compensation for the anguish and distress suffered as a result of abuse.
- Monitoring and Implementation
After the orders are granted, it is essential to monitor the orders to ensure that they are implemented. In case the abuser violates the orders, the victim can approach the court again and appropriate action is taken.
Rights of Women in Domestic Violence Cases
The rights under the Domestic Violence Act for women are different. Among the prominent rights is right to protection, which gives the following rights to a victim:
- Right to Residence: The woman is entitled to live in the shared household, irrespective of the abuser dwelling in that house.
- Right to Maintenance Support: Women have the right to claim maintenance or financial support for themselves and their children from the abuser.
- Right to Custody: They can file a case for custody in cases with children.
If you are not sure of your rights, it is always prudent to seek the services of a divorce lawyer in Chennai on issues of separation and divorce. You can file a complaint under domestic violence act.
Where Can I Complain About My Husband?
When the abuser happens to be your husband, you may submit a complaint directly to the police or, in case of difficulty, with the help of a protection officer. The court and the police have specific provisions for ladies who suffer domestic violence at the hands of their husbands. A woman may seek support from the Social Welfare and Women Empowerment Department also. They may provide services such as shelter, legal aid, and counseling.
During violent acts that may be lethal, women should be granted an immediate protection order as a precautionary measure for their safety.
Legal Assistance
It becomes enormous but need not turn into a nightmare while filing a complaint under the Domestic Violence Act. Seeking legal assistance in a domestic violence case can go a long way in understanding rights and protecting your interests. Lawyers specializing in domestic violence cases are pertinent to seek assistance from. Lawyers often ensure that complaints are heard and justice is served.
Besides, Divorce Lawyers in Chennai will stand ready to help you out during the separation or divorce process as well, especially where domestic violence results in marital breakdown. If you need service to transfer your assets or property, a Power of Attorney Lawyer in Chennai will also prove helpful in respect of defending your legal interest.
Acts Against Domestic Violence in India
The Indian system of laws has now become more active in checking domestic violence. Besides the Protection of Women from Domestic Violence Act, there are several other avenues for action:
- Under the Criminal Procedures Code (CrPC), a criminal case can be initiated for extreme violence.
- Under the Indian Penal Code (IPC), sections of cruelty, assault, and dowry violence are some sources of legal framework for the protection of women.
- National Commission for Women (NCW) empowers women to file complaints in cases of domestic violence.
The state also offers several schemes for women’s empowerment and protection, which includes provisions of shelter homes, monetary aid, and legal aid through Social Welfare and Women Empowerment Department.
Conclusion
Filing complaints under the Protection of Women from Domestic Violence Act can be a very empowering step for women who are abused. How to file a complaint—in case the complainant can file the complaint and what kind of abuse comes under domestic violence will also help women defend themselves and gain justice.
The law is on your side. If you need guidance, there are Domestic Violence Lawyers in Chennai, Divorce Lawyers in Chennai, and Power of Attorney Lawyers in Chennai who can help you navigate the legal process. And when you need it most, you are not alone. Take that first step today.