Domestic violence help in India: PWDV Act 2005 complaint, orders and safe steps
Safe first steps and the full process under the Protection of Women from Domestic Violence Act 2005: what counts as domestic violence, Protection Officer and DIR, the s.12 application, protection, residence and maintenance orders, timelines, documents, criminal options, common mistakes and FAQs. Educational only — in danger, call 112.
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Safety comes first
If you or a child are in immediate danger, call 112 (emergency) or 181 (women helpline). Go to a safe place — a relative, friend or a One Stop Centre (Sakhi Centre) in your district, which offers shelter, medical and police help. Keep your phone, ID, some money and medicines ready. A website cannot replace emergency response.
What counts as domestic violence (s.3)
Under Section 3 of the PWDV Act, 2005, domestic violence includes physical abuse, sexual abuse, verbal and emotional abuse (insults, name-calling, threats, taunts about not having a son), and economic abuse (taking away salary, stridhan or money for essentials, or forcing you out of the home). Dowry harassment is also covered. It applies to a woman in a ‘domestic relationship’ (s.2(f)) — wife, live-in partner in a relationship in the nature of marriage, mother, sister, daughter or widow living in a shared household. After Hiral Harsora (2016), the complaint can be against male or female relatives.
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Write in Hindi or English · general guidance, not legal advice
Step 1 — Record what is happening, safely
Note dates, what happened, injuries, threats and witnesses. Get medical treatment and keep the medical report (MLC). Save messages, call logs and photos in a place the abuser cannot reach, such as a trusted person’s phone or email. Do not put yourself at further risk to collect proof.
Step 2 — Contact the Protection Officer
Every district has a Protection Officer (s.8, s.9), usually in the Women and Child Development department. The Protection Officer records a Domestic Incident Report (DIR), helps with medical aid and shelter, and forwards the matter to the Magistrate. You can also approach a registered service provider (s.10) or the police, who must inform you of your rights. Legal aid is available through the District Legal Services Authority (NALSA helpline 15100).
Step 3 — Application to the Magistrate (s.12)
The application is filed before the Judicial Magistrate First Class or Metropolitan Magistrate where you live (even temporarily), where the respondent lives, or where the violence happened (s.27). The first hearing is ordinarily fixed within 3 days of receipt, notice is served within 2 days (s.13), and the law asks the Magistrate to try to dispose of the case within 60 days of the first hearing (s.12(5)) — in practice it often takes longer. Court fee is nil or nominal in most courts.
Orders the court can pass
Protection order (s.18) — stopping violence, contact, entering your workplace, or selling joint assets. Residence order (s.19) — you cannot be thrown out of the shared household; s.17 gives a right to reside, and Satish Chander Ahuja (2020) held this can include the in-laws’ house. Monetary relief (s.20) — maintenance, medical costs, loss of earnings, return of stridhan. Custody order (s.21) for children. Compensation (s.22) for injuries and mental torture. Interim and ex parte orders (s.23) on an affidavit when urgent.
If an order is broken, and criminal options
Breach of a protection or interim order by the respondent is an offence under s.31 — up to 1 year in jail and / or a fine up to ₹20,000. A DV case is civil in nature but can run alongside criminal cases: cruelty by husband or relatives (BNS ss.85–86, old IPC 498A), dowry offences, hurt or threats (BNS ss.115, 351), and a maintenance case under s.144 BNSS (old CrPC 125). An appeal against a DV order lies to the Sessions Court within 30 days (s.29).
Documents commonly needed
ID and address proof; marriage proof or proof of the relationship; DIR copy, if made; medical reports, photos and messages; police complaint or FIR copy; income proof of both sides for maintenance (salary slips, ITR, bank statements, property records); list of stridhan and gifts with photos or bills; children’s birth certificates and school records.
Common mistakes to avoid
Leaving the shared household without taking ID, certificates and stridhan proof, when it is safe to take them. Signing ‘compromise’ papers or blank papers under pressure. Deleting chats or giving your phone to the abuser. Exaggerating facts — courts look for consistency. Waiting years without writing anything down. Ignoring court dates once interim relief is granted.
Related guides and tools
See the guides on DV protection orders, Section 498A, dowry harassment, streedhan recovery and maintenance, plus the Legal SOS and Saboot Diary tools on Adhiwakta, linked below this guide.
How Adhiwakta can help
Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta or WhatsApp (+918989888907) to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice. — Team Adhiwakta
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Frequently asked questions
- Is Adhiwakta an emergency domestic violence hotline?
- No. If you are in immediate danger, call 112 or the women helpline 181, or contact the Protection Officer or a One Stop Centre. Adhiwakta can only help you describe a situation for general guidance afterward.
- Who can file a complaint under the DV Act 2005?
- A woman in a domestic relationship — wife, live-in partner, mother, sister, daughter or widow — who lives or has lived in a shared household with the respondent. The complaint can name male or female relatives.
- How long does a DV case take?
- The Act asks the Magistrate to try to decide within 60 days of the first hearing (Section 12(5)), and interim orders can be passed earlier. In practice cases often take longer.
- Can I be thrown out of my matrimonial home?
- Under Sections 17 and 19 of the DV Act, a woman has a right to reside in the shared household and the court can pass a residence order. The Supreme Court has held this can include a house owned by in-laws, depending on facts.
- What happens if the husband breaks a protection order?
- Breach of a protection or interim order is an offence under Section 31 of the DV Act — up to one year in jail and / or a fine up to ₹20,000. Report it to the police and the Protection Officer.
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