Domestic Violence Act 2005: Rights, Protection Orders & How to File a Case

What Is the Protection of Women from Domestic Violence Act, 2005?

Parliament enacted the Protection of Women from Domestic Violence Act, 2005 to give women a fast, civil-law remedy against violence inside the home, separate from criminal prosecution. The Act came into force on 26 October 2006. Unlike a police FIR, an application under this Act is filed before a Magistrate and is primarily aimed at stopping the violence and securing the woman's immediate needs — a home, money, and safety — rather than punishing the respondent through jail time in the first instance.

The Act was also the first Indian law to recognise that domestic violence isn't limited to marriage. It protects women in relationships "in the nature of marriage," including live-in partners, along with mothers, sisters, and daughters facing violence from male relatives.

Who Can File a Case Under the Domestic Violence Act?

Any woman who is or has been in a domestic relationship with the respondent can file an application. The Act defines a domestic relationship broadly, and it covers:

• A wife, including a woman whose marriage is later found to be legally invalid or in dispute
• A woman in a live-in relationship or a relationship "in the nature of marriage"
• A mother, sister, daughter, or other female relative living in a joint or shared household
• A widow facing violence from in-laws

The respondent is usually an adult male relative, but the Supreme Court has clarified that a complaint can also be filed against female relatives of the husband, such as a mother-in-law or sister-in-law, when they are joined along with a male respondent.

What Counts as Domestic Violence Under Indian Law?

Section 3 of the DV Act defines domestic violence far more broadly than physical assault. Any act, omission, or conduct that harms, injures, or endangers the aggrieved woman — or threatens to — qualifies. As of 2026, courts continue to apply this same four-category framework.

Even a single serious incident, or a pattern of smaller incidents like being denied money for medicines or being locked out of the house, can support a Domestic Violence Act 2005 rights claim if it is documented properly.

What Rights Does the Domestic Violence Act 2005 Give a Woman?

The Act creates several distinct rights that a woman can claim together, in a single application. None of these require her to first file for divorce or lodge a criminal complaint.

1. Right to reside in the shared household, regardless of whether she owns or has a legal title to it
2. Right to a protection order stopping the respondent from committing further violence, contacting her, or entering her workplace or school
3. Right to monetary relief for medical expenses, loss of earnings, and maintenance
4. Right to custody of her children, on a temporary basis, during proceedings
5. Right to compensation for injury, including mental torture and emotional distress
6. Right to free assistance from a Protection Officer and access to a Domestic Incident Report (DIR) to help her document the case

These reliefs can run in parallel with a maintenance claim under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — the provision that replaced Section 125 of the old Code of Criminal Procedure — or with proceedings before the Family Court. If you're weighing your options, AM Legal's divorce and matrimonial lawyers in Delhi can help you understand how a DV Act application interacts with a separate divorce or maintenance case.

What Is a Protection Order Under Section 18 of the DV Act?

A protection order is the core relief a woman seeks when she files for a protection order India-wide under this Act. Under Section 18, once the Magistrate is prima facie satisfied that domestic violence has occurred or is likely to occur, the court can restrain the respondent from committing further acts of violence, from entering the woman's workplace or her children's school, from attempting to communicate with her, and from alienating any assets used by both parties, including her stridhan.

A protection order is not a criminal conviction. It is a preventive civil order — but breaching it does trigger criminal consequences, covered below.

Types of Orders a Magistrate Can Pass

Beyond the protection order itself, Sections 19 to 22 of the Act give the Magistrate a wide toolkit. A single application under Section 12 can ask for several of these together.

How to File a Domestic Violence Complaint: Step-by-Step Process

The domestic violence complaint process is designed to be accessible without a lawyer, though legal guidance materially improves how the application is drafted and how quickly relief is granted.

1. Approach a Protection Officer or service provider. Every district, including in Delhi, has government-appointed Protection Officers who assist women in preparing their complaint free of cost.
2. Get a Domestic Incident Report (DIR) prepared. The Protection Officer or a registered service provider records the incidents of violence in the prescribed Form I, which supports the application.
3. File the application under Section 12 before the Magistrate having jurisdiction over the area where the woman resides, works, or where the violence took place.
4. Request interim relief under Section 23 if the situation is urgent — courts can pass ex parte protection orders the same day in serious cases.
5. Attend the hearing. The Magistrate hears both sides; proceedings can be held in camera (privately) if either party requests it.
6. Receive the final order, which the Act directs should ideally come within 60 days of the first hearing date.

Where to File in Delhi

In Delhi, DV Act applications are typically filed before the Metropolitan Magistrate of the district court complex having territorial jurisdiction — for instance, Tis Hazari, Saket, Karkardooma, Rohini, or Dwarka, depending on where the woman resides or the incident occurred. Many women approach the Delhi Commission for Women or a District Legal Services Authority first for support before filing. If you live or work closer to one of Delhi's district courts, AM Legal's matrimonial lawyers handling matters at Tis Hazari Court can guide you on the correct filing location and documentation.

Documents Required to File a DV Case

While requirements vary slightly by case, most applications under the Act need the following:

• A signed application (Form II) with a detailed statement of facts
• The Domestic Incident Report from the Protection Officer
• Proof of marriage or the domestic relationship (marriage certificate, joint bills, photographs)
• Proof of residence at the shared household (ration card, Aadhaar, rent agreement, utility bills)
• Medical records or an MLC (Medico-Legal Certificate), if there was physical injury
• Any evidence of financial control or economic abuse, such as bank statements or salary slips
• Photographs, messages, or witness details supporting the incidents described

No court fee is payable for filing an application under Section 12 — this is a deliberate feature of the Act to keep the remedy accessible.

How Long Does a Domestic Violence Case Take in Delhi Courts?

Section 12(5) of the Act directs the Magistrate to make every effort to dispose of the application within 60 days of the first hearing. In practice, interim protection or residence orders are often granted much faster — sometimes within days — while the final disposal, especially where evidence is contested, can extend beyond 60 days depending on the court's docket and how many hearings are needed. Interim relief under Section 23 is the practical tool that gives a woman safety and stability while the main case proceeds.

What Happens If the Respondent Violates a Protection Order?

A breach of a protection order or an interim protection order is treated as a distinct criminal offence under Section 31 of the Act, separate from the civil relief itself. It is punishable with imprisonment of up to one year, a fine of up to ₹20,000, or both. This is what gives a protection order real teeth — it isn't just a paper direction. Courts have clarified that this penal consequence applies specifically to breach of a protection order or interim protection order, not to non-payment of monetary relief, which is enforced separately, including through attachment of the respondent's salary or property.

Domestic Violence Act vs. a Criminal Complaint: What's the Difference?

Many women ask whether they should file under the DV Act, lodge a police complaint, or do both. As of 2026, the criminal cruelty provision earlier known as Section 498A of the Indian Penal Code is now Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 [VERIFY SECTION NUMBER FOR CURRENT PROSECUTIONS], and it works differently from the civil DV Act route.

Filing a DV Act case does not stop a woman from also approaching the police, and vice versa. The two remedies serve different purposes and are commonly pursued together in serious cases.

Can a Domestic Violence Case Be Filed Along With a Divorce Petition?

Yes. A DV Act application does not initiate, replace, or delay divorce proceedings — the two run independently before different forums. In practice, Family Courts frequently take orders passed under the DV Act, especially residence and monetary relief orders, into account when deciding maintenance or custody issues in a related divorce case. Advocate Anant Misra at AM Legal often advises clients to secure protective and monetary relief under the DV Act first, since it typically moves faster, before or alongside filing for judicial separation or divorce.

Frequently Asked Questions on the Domestic Violence Act 2005