Domestic Violence Complaint Process in India

Who can apply and against whom

An aggrieved woman in a domestic relationship — marriage, a relationship in the nature of marriage, adoption or family members living together in a shared household — can apply. The respondent is an adult male in a domestic relationship with her, and relief has also been sought against female relatives of the respondent in accordance with the position taken by the courts.

The reliefs available

The Magistrate can grant one or more of these, including on an interim basis.

• Protection order restraining further acts of domestic violence, contact, or entering the workplace.
• Residence order securing the right to reside in the shared household, or alternate accommodation.
• Monetary relief for expenses, loss of earnings, medical expenses and maintenance.
• Custody order for children.
• Compensation order for injuries including mental torture.

The Domestic Incident Report

A Protection Officer or service provider records a Domestic Incident Report in the prescribed form. It is the factual backbone of the application, so give full dates, incidents and the names of witnesses when it is being recorded.

Step-by-step

1. 1

   Reach a Protection Officer, service provider or the police

   Every district has a Protection Officer appointed under the Act. You can also go directly to the Magistrate.

2. 2

   Get the Domestic Incident Report recorded

   In the prescribed form, with dates, incidents and supporting documents.

3. 3

   File the application before the Magistrate

   State the reliefs sought — protection, residence, monetary relief, custody, compensation — with an affidavit.

4. 4

   Seek interim relief on the first date

   Interim and ex parte orders are expressly contemplated by the Act, including interim monetary relief.

5. 5

   Serve the respondent and attend hearings

   Service is through the Protection Officer or as the court directs. The Act contemplates disposal within a limited period, though practice varies.

6. 6

   Enforce breaches

   Breach of a protection order is an offence under Section 31 of the Act; report it immediately with a copy of the order.

Documents you need

• Proof of the domestic relationship: marriage certificate, photographs, ration card, or shared address proof
• Medical records and injury reports
• Photographs, messages, call records and emails evidencing abuse
• Details of the shared household and the respondent's income where monetary relief is sought
• School records and documents for children where custody is sought
• Any earlier complaints to police, panchayat or a women's cell

Common mistakes to avoid

• Not asking for interim monetary relief and residence relief at the first hearing.
• Vacating the shared household before a residence order is in place.
• Failing to give complete dates and incidents in the Domestic Incident Report.
• Losing digital evidence by changing phones without a backup.
• Assuming the 2005 Act application replaces a criminal complaint; they are separate and can run together.

When you should see an advocate

• Before drafting the application, so the correct reliefs are pleaded.
• Where custody, residence or a large maintenance claim is involved.
• Where the respondent has filed a divorce or restitution petition.
• Where a protection order has been breached.

Frequently asked questions

Is a domestic violence case criminal?

The proceeding under the 2005 Act is essentially civil in nature, though it is heard by a Magistrate. Breach of a protection order under Section 31 is an offence.

Do I need to be married?

No. The Act covers domestic relationships including relationships in the nature of marriage and family members in a shared household.

Can I stay in my in-laws' house?

A residence order can secure your right to reside in the shared household or require alternate accommodation. The scope of 'shared household' has been considered by the Supreme Court and depends on the facts.

Is there a fee?

The Act is designed to be accessible; legal aid is available through the District Legal Services Authority. Check current court fee practice locally.

Can I also file under Section 85 BNS?

Yes, where cruelty by the husband or his relatives is alleged, a criminal complaint can be filed in addition.