How can you go to Court for Domestic Violence?

Last updated on Apr 8, 2022

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)). You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support(( Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.)).

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following(( Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.)):

An order to stay in your house. This is known as a residence order.

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