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One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Theme: Domestic Violence
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here.
Will an FIR be filed for domestic violence?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed form when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
Do I have to pay a fee to the Protection Officer or Service Provider that I have found to help me deal with domestic violence?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
What is “relationship in the nature of marriage” under law on domestic violence?
“Relationship in the nature of marriage”(( Indra Sarma v. V.K.V. Sarma (2013) 15 S.C.C. 755.)) should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: – Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
The Counselor appointed to help me deal with domestic violence is a man. I am not comfortable. Can I do something about this?
A counselor is appointed from the list of available counselors made by the Protection Officer. In the circumstance that you are not comfortable with the counselor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counselor.
The Counselor who was appointed to counsel me and my husband for domestic violence knows my husband. Is this fine?
A counselor should not be related to either you or your husband. However, if you still believe the counselor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counselor in your case.
If I leave my house because of domestic violence, will I be able to see my children again?
Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.
What if my husband does not follow the Protection Order that he was given for subjecting me to domestic violence?
If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.