Domestic Violence

People build homes, make families to have a place where they could find peace after a strugglesome day. It is the humans in that space with whom they share our lives, who make that place a ‘home’. When those people make it difficult to live due to their violent behavior, it no longer remains a home. If you are a victim of domestic violence, being informed is the key to protecting your rights.

What is Domestic Violence?

Violence can be understood as a behaviour which harms someone or something. Violence can be categorised as physical, mental, sexual, verbal, social, economic, etc. 

When violence is committed by people who share a domestic space, in a shared household, it can be termed as domestic violence. Since we share our domestic space within the family, mostly our intimate partners, in-laws, children, those people are the ones who become the victims. 

Domestic Violence Against Women in India

The Protection of Women from Domestic Violence Act, 2005 is the Indian law providing legal recourse for domestic violence against women victims in India. The DV Act 2005 provides civil as well as criminal remedies. 

Section 3 of the Act defines domestic violence. It states that “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it–

1. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

3. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

4. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

The Act particularly targets physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, etc. 

Domestic Violence Complaint

If you are a victim of domestic violence and wish to lodge a complaint to initiate legal action against the abusing person, you can approach the nearest Police Station or the Protection Officer. There are State Women Commissions as well as several NGOs working for the cause and helping women victims of domestic violence. 

It is also advisable to connect with a lawyer to understand the complete legal recourse. 

Reliefs under Domestic Violence Act

If a woman is subjected to domestic violence, the legal recourse under the Act includes the following:

• Protection - The authorities concerned may order the respondent not to commit any further act of domestic violence, or even restrain the respondent from communicating with the victim. 

• Right to residence - A woman has right to residence in the shared household, even if she initiates legal recourse under the Act. Thus, she may be protected from being evicted from the domestic space. 

• Monetary Relief - The DV Act 2005 empowers the authorities concerned to order the respondent to pay monetary relief to the victim. 

• Child custody - In case the victim is a mother whose child is taken away from her by the abuser, the authorities concerned can also order for giving the custody of the child to the victim. 

Domestic Violence Legal Help

If you need legal advice for a domestic violence case, you can connect with legal experts at Online Legal Query for consultation. All you need to do is explain the facts of what exactly happened, your city and family details. 

Online Legal Query also provides free legal advice for victims of domestic violence. If a complaint has been filed against you under the DV Act, you can also seek legal recourse on how to deal with domestic violence cases.