Domestic Violence Case Procedure in India: Step-by-Step Guide (Delhi Practice)
Quick answer: A domestic violence case under the 2005 Act starts with seeking help from the police, a Protection Officer or a lawyer, followed by an application under Section 12 before the Magistrate. The first hearing is fixed within three days, notice is served through the Protection Officer, interim orders can follow under Section 23, and the Magistrate should aim to decide the case within 60 days. Appeals go to the Sessions Court within 30 days.
The big picture
The Protection of Women from Domestic Violence Act, 2005 sets up a civil process that is meant to be quick and woman-friendly. You do not need to prove a crime beyond reasonable doubt. You need to show that you are in a domestic relationship with the respondent and that you have suffered domestic violence as defined in Section 3, which includes physical, sexual, verbal, emotional and economic abuse and harassment for dowry.
The process has eight stages: (1) seeking help, (2) Domestic Incident Report, (3) application under Section 12, (4) notice and first hearing, (5) interim relief, (6) reply and evidence, (7) final order, and (8) appeal and enforcement. Each is explained below, with notes on how it works in practice in Delhi.
Stage 1: Get help and document what happened
You can approach the police (dial 112 in an emergency, or the women's helplines 181 and 1091), a Protection Officer, a registered service provider or a lawyer. Under Section 5 of the Act, any police officer, Protection Officer, service provider or Magistrate who receives a complaint must inform you of your rights: relief under the Act, the services of service providers and Protection Officers, free legal aid, and your right to file a criminal complaint for cruelty.
Start collecting evidence now:
- medical or MLC reports and photographs of injuries, with dates;
- screenshots of messages, emails and social media, and call logs;
- bank statements and salary slips showing financial control or denial of money;
- the marriage certificate or proof of relationship, and your address proofs;
- children's birth certificates and school records;
- names and numbers of neighbours, relatives and friends who saw or know of incidents.
If you must leave home, take identity documents, your children's records and a list of your stridhan. Do not leave without telling someone you trust.
Stage 2: The Domestic Incident Report
The Protection Officer (or a service provider) can prepare a Domestic Incident Report (DIR) after speaking to you and, where possible, the respondent. The DIR goes to the Magistrate and the police station and is useful evidence. But in Prabha Tyagi v. Kamlesh Devi (2022) the Supreme Court held it is not a mandatory pre-condition for the Magistrate to act, so you are not blocked if the officer is slow. See the Protection Officer's duties.
Stage 3: Application under Section 12
The application can be filed by you, by the Protection Officer or by anyone on your behalf. It is filed before the Magistrate. Under Section 27, the court is the one within whose limits you permanently or temporarily live, carry on business or are employed, or where the respondent lives, or where the violence occurred.
A good application has:
- Parties and relationship: names and addresses; date of marriage or the nature of the relationship; children.
- The shared household: address, who owns or rents it, who lives there and since when.
- Incidents: each incident with date, place, what happened and its effect, in order. Specific facts persuade; vague accusations do not.
- Reliefs: protection (Section 18), residence (19), money (20), custody (21), compensation (22), plus interim relief under Section 23.
- Documents and affidavit: annexed and indexed.
The Act allows hearings in camera (Section 16) if either party wants, so your privacy is protected.
Stage 4: Notice and first hearing
The Magistrate fixes the first hearing within three days of receiving the application (Section 12(4)). Notice is served on the respondent through the Protection Officer, who must try to do so within two days (Section 13). The Magistrate may refer the parties to counselling (Section 14) or call on a welfare expert (Section 15). Counselling is not a way to force reconciliation; you can tell the court if it is unsafe.
On the first date the Magistrate typically records appearances, issues notice if not yet served, and hears any request for urgent orders.
Stage 5: Interim and ex parte relief
If you need immediate protection, ask for interim or ex parte relief under Section 23. Examples: an order not to dispossess you from the house (Section 19), a no-contact order (Section 18), temporary custody of your children (Section 21), or an interim sum for household expenses (Section 20). The affidavit supporting an ex parte order must be in the prescribed format.
Stage 6: Reply, evidence and arguments
The respondent files a reply, usually with documents. Both sides then file affidavits of evidence and, if the Magistrate permits, witnesses are cross-examined. Proceedings under the Act are meant to be summary, but the court follows a procedure that gives both sides a fair hearing. Electronic evidence such as messages and recordings needs a proper certificate; see submitting electronic evidence in Delhi family courts. After final arguments the Magistrate passes the order.
Stage 7: Final order
The Magistrate can pass one or more of these orders:
| Order | Section | What it does |
|---|---|---|
| Protection | 18 | Stops violence, contact, entry to workplace or school |
| Residence | 19 | Protects right to stay in the shared household, alternate accommodation |
| Monetary relief | 20 | Maintenance, medical costs, loss of earnings, rent |
| Custody | 21 | Temporary custody of children and visitation |
| Compensation | 22 | Damages for injuries, mental torture and emotional distress |
The Magistrate can also direct the respondent to return stridhan and to give security or a bond.
Stage 8: Appeal and enforcement
- Appeal: within 30 days to the Court of Session (Section 29).
- Changes later: either side can apply to alter or revoke an order on a change of circumstances (Section 25).
- Breach: a breach of a protection order is an offence under Section 31, punishable with up to one year's imprisonment, a fine up to Rs. 20,000, or both; it is cognizable and non-bailable (Section 32). See punishment for domestic violence.
A DV Act case can run alongside divorce, maintenance or a criminal complaint (Section 26). Many families file several; plan the order carefully with your lawyer.
Timeline at a glance
| Event | Time frame under the Act |
|---|---|
| First hearing | Within 3 days of the application |
| Notice to respondent | Within about 2 days through the Protection Officer |
| Disposal of the application | Target of 60 days from the first hearing |
| Appeal | 30 days from the date of the order |
In busy Delhi courts, contested cases can take longer than 60 days, which is why interim orders matter.
Mistakes to avoid
- Filing with a vague, exaggerated or inconsistent story.
- Leaving out the shared household details.
- Ignoring court dates, or breaching an order, if you are the respondent.
- Deleting messages or evidence.
- Treating counselling as a substitute for legal protection.
Our domestic violence lawyers in Delhi can walk you through each stage. See also how to file a domestic violence complaint and the time limit for filing.
Frequently asked questions
Do I need a lawyer to file a domestic violence case?
You can apply through a Protection Officer, and free legal aid is available, but a lawyer helps draft a precise application and argue for interim relief, so most women in Delhi are represented.
How long does a domestic violence case take?
The law aims for disposal within 60 days of the first hearing, but contested cases often take longer. Interim orders usually come much sooner.
Is a police FIR required to file a DV Act case?
No. The application under Section 12 is filed before the Magistrate and does not depend on an FIR. For crimes such as cruelty, an FIR is a separate remedy.
Can I file in a city where I am only temporarily staying?
Yes. Section 27 lets you file where you permanently or temporarily live or work, where the respondent lives, or where the incident happened.
Can someone else file on my behalf?
Yes. Section 12 allows the Protection Officer or any other person to apply on behalf of the aggrieved woman.
What if the respondent does not appear?
The Magistrate can issue further notice and may proceed ex parte after proper service. Interim orders can continue in the meantime.
Can men file a domestic violence case?
The DV Act protects women. Men facing abuse can use general criminal and civil laws; take legal advice on the facts.
Sources and further reading
- India Code: Protection of Women from Domestic Violence Act, 2005
- Supreme Court of India: Prabha Tyagi v. Kamlesh Devi (2022)
- Protection of Women from Domestic Violence Rules, 2006
Related guides
- Domestic Violence Act 2005: rights and how to file
- How to file a domestic violence complaint
- Section 23: interim orders
- Time limit for a domestic violence case
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.