DOMESTIC VIOLENCE

Understanding Domestic Violence Laws in India

The Protection of Women from Domestic Violence Act 2005 (PWDVA) provides a comprehensive civil remedy for women facing physical, sexual, verbal, emotional, or economic abuse by any member of their shared household. The Act empowers Magistrates to pass Protection Orders, Residence Orders, and Monetary Relief Orders swiftly and without waiting for a criminal conviction.
At Bhardwaj Law Solutions, we treat every domestic violence case with the utmost urgency and sensitivity. We work alongside Protection Officers and the court to secure emergency relief and long-term safety orders that protect you and your children.
Key aspects include:
  • Physical Abuse — bodily harm, assault, or threat thereof
  • Economic Abuse — denial of financial resources or property rights
  • Emotional & Verbal Abuse — harassment, insults, and coercion
TYPES OF RELIEF

Protection Orders & Residence Orders

Protection Orders

Under Section 18 of the PWDVA, a Magistrate can pass a Protection Order prohibiting the respondent from committing acts of domestic violence, entering the aggrieved person’s workplace, contacting her, or alienating shared assets. Violation is a cognisable, non-bailable offence.

Key Features:

  • Emergency interim protection can be obtained same-day
  • Covers physical, verbal, emotional and economic abuse
  • Applies to all members of the shared household
  • Breach invites arrest without warrant
Applicable When: The aggrieved person faces immediate risk of harm, harassment, or stalking by a family member or intimate partner living in the same household.

Residence & Monetary Relief

Under Sections 19 and 20 of the PWDVA, the aggrieved person can seek the right to remain in the shared household (Residence Order) and monetary relief covering medical expenses, loss of earnings, maintenance, and damage to property caused by the respondent.

Key Features:

  • Aggrieved person cannot be evicted without court order
  • Respondent may be directed to rent alternative accommodation
  • Monetary relief includes medical costs, loss of income, and maintenance
  • Compensation for mental torture and injuries can be claimed
Applicable When: The aggrieved person needs immediate shelter security and financial support while proceedings are ongoing, or after separation from the abusive household.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

Filing a DV Complaint

  • Step 1 — Consultation: document all incidents and injuries
  • Step 2 — Filing Domestic Incident Report with Protection Officer
  • Step 3 — Application before Magistrate for interim protection order
  • Step 4 — Hearing: Magistrate may grant ex-parte interim order
  • Final Outcome — Final orders for protection, residence and relief

Responding to a DV Petition

  • Step 1 — Review of complaint and evidence with advocate
  • Step 2 — Filing written objections before the Magistrate
  • Step 3 — Cross-examination of complainant and witnesses
  • Step 4 — Evidence of respondent presented before court
  • Final Outcome — Order passed after full hearing on merits
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DOCUMENTS

Required Documents

Timely documentation is critical in domestic violence cases. We advise clients on what to preserve and secure from the moment they seek legal help.
  • Photographs of injuries (dated and timestamped)
  • Medical records, hospital receipts, and doctor’s certificates
  • FIR copy or NCR (Non-Cognisable Report) if filed with police
  • Messages, call recordings, or social media evidence of abuse
  • Witness statements from neighbours, family, or colleagues
  • Marriage certificate and proof of shared household
  • Income and financial records (for monetary relief claims)
  • School or residence proof for children (if custody is sought)
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