What Protection Does the Domestic Violence Act Actually Offer?

The Protection of Women from Domestic Violence Act, 2005 is a civil law, separate from the criminal law. It is meant to give a woman quick, practical relief from abuse in a domestic relationship, without her having to begin by filing a criminal case against family members.

Who and what it covers

The Act protects women in a domestic relationship, whether through marriage, a relationship in the nature of marriage, or a shared family household. The abuse it covers isn't only physical. It includes sexual, verbal and emotional abuse, and economic abuse such as being denied money or access to household resources.

The orders a Magistrate can pass

A woman can ask the Magistrate for one or more orders, depending on what her situation needs.

• Protection order: directing the abuser to stop the violence and not contact or approach her
• Residence order: securing her right to stay in the shared household, and restraining her from being thrown out
• Monetary relief: covering expenses, loss of earnings, medical costs, and maintenance
• Custody order: giving her temporary custody of the children
• Compensation: for injuries, including mental torture and emotional distress

How to approach the system

She can approach a Protection Officer, a registered service provider, the police, or apply to the Magistrate directly. The Act asks the Magistrate to try to decide an application within sixty days of the first hearing, though in practice it can take longer. Interim orders can be passed while the case is pending, and in urgent cases without first hearing the other side.

The takeaway

The right to stay in the shared home is one of the Act's most practical protections, and it applies whoever owns the property. Keeping a record of incidents, messages, medical papers and household expenses, from the beginning, makes it much easier to ask for the right orders.