The Protection of Women from Domestic Violence Act (PWDVA), 2005 was enacted in India to provide a civil law remedy to women who are victims of domestic violence. If you are a victim of domestic violence, or you know someone who is, you can file a complaint under the PWDVA.
Here are the steps to file a complaint under the Domestic Violence Act:
Contact a Protection Officer:
The first step is to approach the nearest Protection Officer (PO) who is appointed by the government for providing assistance to the aggrieved women under the Act. The PO will provide you with the necessary information about the procedure for filing a complaint and the necessary documents required.. You can find the contact details of the Protection Officer in your district from the website of the Ministry of Women and Child Development.
Prepare the complaint:
You need to prepare a complaint or application in writing addressing the Magistrate. The complaint should contain details such as the name and address of the parties involved, a brief description of the incident, and the reliefs sought.
File the complaint:
Once you have prepared the complaint, you can file it with the Magistrate in your area. You can file the complaint in person or through a lawyer.
Obtain an order from the Magistrate:
The Magistrate will examine the complaint and may issue an order for the Respondent to stop the violence and/or provide the relief you are seeking. The Magistrate may also order the Respondent to pay compensation to you.
Interim Protection Order:
The Magistrate may pass an interim protection order on the first date of hearing. This may include an order restraining the respondent from committing any act of domestic violence. It also includes an order for protection of the aggrieved person, or an order for monetary relief.
Enforcement of the order:
The Respondent may fail to comply with the order of the Magistrate. In this situation, you can seek enforcement of the order through the court. You may also file a criminal complaint against the Respondent if the violence constitutes a criminal offence.
Evidence and Hearing:
After the interim protection order is passed, the parties are required to submit evidence in support of their case. The Magistrate will then hear both parties and decide the case based on the evidence produced before it.
Final Order:
The Magistrate may pass a final order for protection, monetary relief, custody of children. It may be any other relief as deemed necessary.
Experiencing domestic violence? The Protection of Women from Domestic Violence Act (PWDVA) offers protection and recourse. This Act covers physical, emotional, sexual, and economic abuse. It empowers you to seek reliefs like protection orders, residence orders, financial support, child custody, and compensation. Filing a complaint under PWDVA is straightforward and free of court fees. If you’re facing domestic violence, remember you’re not alone. Seek legal help immediately and explore resources for filing a case under PWDVA through government websites or legal aid organizations.
