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What Is Domestic Violence Under Indian Law?

Section 3 of the Protection of Women from Domestic Violence Act, 2005 covers physical, sexual, verbal, emotional and economic abuse, as well as certain dowry- or property-related harassment within a domestic relationship.

  • Physical abuse – Assault, beating or other bodily harm
  • Sexual abuse – Acts that abuse, humiliate or violate dignity
  • Verbal & emotional abuse – Insults, threats, humiliation or intimidation
  • Economic abuse – Withholding money, denying access to the shared household or dealing with streedhan without consent

A woman in a qualifying domestic relationship can seek relief under the Act. This includes relationships through marriage, blood, adoption and qualifying relationships in the nature of marriage.

Choose the Right Legal Route

Depending on your circumstances, more than one legal remedy may be available.

Legal Route What It CoversWhere
PWDVA Application Protection, residence, monetary relief, custody and compensation Magistrate
Section 85 BNS Criminal proceedings for cruelty by husband or relatives Police & Magistrate
Dowry Prohibition Act Offences relating to dowry demands and transactions Police & Court

These remedies can operate alongside each other. A lawyer can help determine which route, or combination of routes, best fits your circumstances.

Relief You Can Seek Under the Domestic Violence Act

The Protection of Women from Domestic Violence Act provides several forms of relief:

  • Protection Order – Section 18

    Restrict further violence, contact, communication or other prohibited conduct.

  • Residence Order – Section 19

    Protect residence rights in the shared household or seek appropriate alternative accommodation.

  • Monetary Relief – Section 20

    Claim maintenance, medical expenses, loss of earnings and certain property-related losses.

  • Custody Order – Section 21

    Seek temporary custody of children and appropriate visitation arrangements.

  • Compensation – Section 22

    Seek compensation for injuries, mental torture and emotional distress.

  • Interim & Ex Parte Orders – Section 23

    Seek urgent interim relief where immediate protection is required.

How to File a Domestic Violence Case

A domestic violence case can be filed before the appropriate Magistrate by submitting an application seeking relief such as protection, residence, maintenance or compensation. However, Zolvit’s experts can help prepare your documents and guide you through the process.

1. Gather evidence

Preserve medical records, photographs, messages, financial records and other relevant evidence.

    2. Prepare the Domestic Incident Report

    A Protection Officer or other authorised person can assist with the report. An application may also be made directly to the Magistrate.

      3. File the Section 12 application

      Your lawyer prepares the application and specifies the reliefs and interim orders sought.

        4. Attend the first hearing

        The court considers the application and may grant interim or ex parte relief where appropriate.

          5. Respond to the other side

          Both parties submit their responses and evidence as the case progresses.

            6. Obtain and enforce final orders

            The court passes appropriate orders, which can be enforced if they are not followed.

            The Act provides timelines for proceedings, but actual case duration depends on the court, evidence and whether the matter is contested.

              If You Have Received a Domestic Violence Notice

              If you have been named as a respondent, take legal advice before responding or appearing in court.

              • Review the specific reliefs claimed against you
              • Preserve messages, financial records and other evidence
              • Prepare accurate income and expense details
              • Comply with existing interim orders
              • Identify relatives who may have been incorrectly or unnecessarily named
              • Consider mediation or settlement where appropriate
              • Seek appropriate remedies such as anticipatory bail or quashing where legally available

              A lawyer can help you understand whether the matter involves only PWDVA proceedings or also criminal allegations under Section 85 BNS.

              Evidence That Can Support a Domestic Violence Case

              Useful evidence may include:

              • Medical records and MLCs
              • Photographs and videos
              • Messages and call records
              • Lawfully obtained audio recordings
              • Witness statements
              • Previous police complaints or diary entries
              • Bank and financial records
              • Records relating to streedhan
              • Domestic Incident Report

              Documents Required

              Keep the relevant documents ready before your consultation for a smoother legal assessment. Additional documents may be requested to assess your matter and advise you on the appropriate legal services and next steps.

              For the Aggrieved Person For the Respondent
              Identity proof Domestic violence notice or FIR
              Marriage or relationship proofRelevant evidence
              Relevant evidenceIncome proof
              Children’s details, where applicableDetails of named relatives
              Income and expense detailsPrevious complaints or settlement documents
              Streedhan details, where relevantNil

              Domestic Violence Lawyer Fees & Timeline

              Zolvit online Lawyer Consultation start at ₹99. Court fees are generally nominal, while the overall legal cost depends on the nature and complexity of the matter.

              The first hearing may be scheduled within days, and interim relief can be sought where the circumstances require urgent protection. The Act provides a 60-day target for disposal of cases after notice to the respondent, but actual timelines vary by court and case complexity.

              Free legal assistance may also be available through NALSA and the relevant District Legal Services Authority.

              Common Mistakes to Avoid

              • If You Are Seeking Relief

                • Delaying medical examination after an injury or incident
                • Deleting or losing evidence such as messages, emails, photos or recordings
                • Failing to preserve financial records supporting maintenance or monetary relief
                • Not clearly stating the relief you seek in your application
                • Making decisions about your residence without understanding your legal rights

              • If You Are Responding to a Complaint

                • Ignoring court notices or legal communications
                • Contacting the complainant directly or engaging in confrontational communication
                • Failing to appear before the court when required
                • Hiding or misrepresenting income or financial information
                • Relying on an informal settlement without understanding its legal effect or completing the required formalities

              Why Choose Zolvit Domestic Violence Lawyers? How Can We Help?

              Whether you need protection from domestic abuse or are responding to a complaint, Zolvit domestic violence lawyers provide prompt, confidential legal support tailored to your situation.

              Our lawyers help you understand your legal remedies, prepare the necessary applications and documents, and represent you before the appropriate authorities or courts. From protection and residence orders to maintenance, custody, compensation, defence, mediation and settlement, you can get end-to-end assistance for your domestic violence matter, along with coordinated support for related divorce, custody, maintenance or criminal proceedings.

              • Protection & urgent relief – Help with protection orders, residence rights and interim relief.
              • Maintenance & compensation – Support for maintenance, monetary relief and compensation claims.
              • Complaint & defence support – Assistance with complaints, defence and anticipatory bail where applicable.
              • Custody & family matters – Support for custody and related family proceedings.
              • Mediation & settlement – Guidance on negotiation, mediation and settlement.
              • Quashing & enforcement – Help with quashing proceedings and enforcing court orders
              • Experienced, confidential support – Personalised advice from lawyers experienced in domestic violence matters.
              • End-to-end assistance – Support with documents, negotiations and court proceedings.
              • Connected legal support – Assistance with related divorce, maintenance, custody and criminal proceedings.
              • Clear legal guidance – Advice on the process, next steps and available legal aid.

              FAQs

              Domestic violence under Section 3 of the Protection of Women from Domestic Violence Act includes physical, sexual, verbal, emotional and economic abuse, along with certain dowry- or property-related harassment within a domestic relationship.
              A woman in a qualifying domestic relationship can seek relief under the Act, including relationships through marriage, blood, adoption and relationships in the nature of marriage.
              Yes. A qualifying relationship in the nature of marriage can fall within the Act. Whether a particular relationship qualifies depends on its facts and circumstances.
              No. A PWDVA application can be filed before the Magistrate without first registering an FIR. Criminal proceedings may be pursued separately where applicable.
              Yes. Section 20 permits monetary relief, including maintenance and certain expenses or losses resulting from domestic violence.
              A residence order can protect rights relating to the shared household irrespective of ownership in appropriate circumstances. The specific relief depends on the facts of the case.
              Yes. Following Hiral P. Harsora v. Kusum Harsora (2016), the Supreme Court removed the restriction that limited respondents under the Act to adult males. Whether a particular person can properly be proceeded against depends on the facts and their role in the domestic relationship.
              The Protection of Women from Domestic Violence Act provides its remedies to women aggrieved by domestic violence. Men must consider other remedies applicable to the conduct complained of.
              Avoid direct confrontation, preserve your evidence and obtain legal advice promptly. Review the reliefs sought and comply with any existing court orders while preparing your response.
              In appropriate cases, a High Court may exercise its inherent powers to quash criminal proceedings after a genuine settlement. This is not automatic and depends on the facts and the court's decision.
              Breach of a protection order can itself constitute an offence under the Act. The aggrieved person can report the breach and seek appropriate legal action.