How to File a Domestic Violence Complaint in India — Step-by-Step Guide

To file a domestic violence complaint in India, approach the Protection Officer of your district, the nearest police station, a One Stop Centre (Sakhi), or the Women Helpline at 181. The Protection Officer will prepare a Domestic Incident Report (DIR) and assist you in filing an application before the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The process is completely free, and you can seek protection orders, residence orders, monetary relief, and custody of children. Courts must provide interim relief within 3 days and dispose of the case within 60 days.

Who can file a domestic violence complaint

• Any woman — wife, live-in partner, ex-wife, mother, sister, widow, daughter, or any woman related to the respondent by consanguinity, marriage, adoption, or a relationship in the nature of marriage — who is subjected to domestic violence
• A woman can also file on behalf of a child in the shared household who has been subjected to domestic violence
• Any person who has reason to believe that domestic violence has been committed or is being committed can inform the Protection Officer or the police (Section 4 of the DV Act) — though the formal application under Section 12 must be filed by or on behalf of the aggrieved woman
• A service provider (an NGO registered under the DV Act) can file on behalf of the aggrieved woman

What constitutes domestic violence (Section 3 of the DV Act):

• Physical abuse: Assault, criminal force, criminal intimidation, any act causing bodily pain, harm, or danger to life
• Sexual abuse: Any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of the woman
• Verbal and emotional abuse: Insults, ridicule, threats, humiliation, name-calling, preventing the woman from communicating with family
• Economic abuse: Deprivation of economic or financial resources, disposal of household effects, prohibition from accessing shared household assets, non-payment of rent or mortgage
• Dowry demands: Harassment or coercion related to demand for dowry

You cannot file under the DV Act if:

• You are a man — the DV Act is available only to women as aggrieved persons (men can file under Section 498A IPC / Section 85 BNS or general criminal provisions)
• The respondent is a woman — the DV Act defines the respondent as an "adult male person" who is or has been in a domestic relationship with the aggrieved person (though some High Courts have expanded this to include female relatives of the husband)
• The violence is by a stranger or someone with no domestic relationship — for such cases, file a regular FIR

Documents you will need

Mandatory documents

• Domestic Incident Report (DIR) — This is the key document, prepared in Form I prescribed under the DV Act Rules, by the Protection Officer or a service provider based on your complaint. You do not need to prepare this yourself — the Protection Officer assists you
• Identity proof — Aadhaar card, voter ID, ration card, or any government-issued ID (photocopy)
• Address proof — Proof of address of the shared household (electricity bill, rent agreement, property documents)

Additional documents (strongly recommended)

• Medical certificate — If physical violence occurred, get a medical examination at a government hospital (free) and obtain a medical certificate documenting injuries (Medical Examination Form prescribed under the DV Act Rules)
• Photographs of injuries — Photographs of bruises, wounds, or physical marks of violence (with date stamp)
• FIR copy — If you have filed an FIR at the police station, attach a copy
• Evidence of economic abuse — Bank statements, property documents, salary slips showing financial deprivation
• Correspondence — Screenshots of threatening messages, WhatsApp chats, emails, or call recordings showing abuse

Important: You do not need extensive documentation to file. The Protection Officer and the Magistrate understand that victims of domestic violence often cannot collect evidence in the midst of abuse. A verbal complaint to the Protection Officer is sufficient to initiate the process.

Step-by-step process

Step 1: Reach safety and call for help

If you are in immediate danger, call:

• Emergency: 112 (All-India Emergency Number)
• Women Helpline: 181 (available 24/7 in all states — provides immediate assistance, referrals to police, shelter, legal aid, and One Stop Centres)
• NCW Women Helpline: 7827-170-170 (National Commission for Women)
• Police: 100

Where: From any phone; these numbers are toll-free

Tip: If you cannot call, send an SOS message to a trusted person. The 112 emergency number also accepts SOS signals from the emergency button on most smartphones (press the power button 5 times rapidly on most phones).

Step 2: Approach the Protection Officer, police station, or One Stop Centre

You can report domestic violence through multiple channels:

Option A — Protection Officer: Every district has a designated Protection Officer appointed by the State Government (usually the District Social Welfare Officer or a similar officer). Contact the Protection Officer's office at the District Collectorate or through the District Legal Services Authority (DLSA).

Option B — Police station: File an FIR at the nearest police station under Section 498A IPC (Section 85 BNS) for cruelty by husband or his relatives, or Section 326/323 IPC (Section 118/115 BNS) for causing hurt. The police must inform you of your rights under the DV Act and refer you to the Protection Officer.

Option C — One Stop Centre (Sakhi): Visit the nearest Sakhi One Stop Centre (there are 812+ operational across India). The centre provides integrated services — emergency shelter, medical aid, legal counselling, police assistance, and DV Act filing — all under one roof. To find the nearest OSC, call 181 or visit https://missionshakti.wcd.gov.in/.

Option D — Service provider (NGO): Contact a registered NGO working on women's rights. The NGO can prepare the DIR and assist you in filing before the Magistrate.

Tip: The One Stop Centre (Sakhi) is the best option if you need multiple services simultaneously — shelter, medical help, and legal assistance. If you are in immediate physical danger, call the police first (100 or 112), and then approach the Protection Officer or OSC for the DV Act process.

Step 3: Protection Officer prepares the Domestic Incident Report (DIR)

The Protection Officer will interview you and prepare a Domestic Incident Report (DIR) in Form I prescribed under the Protection of Women from Domestic Violence Rules, 2006. The DIR records:

• Your details and the respondent's details
• Your relationship with the respondent
• Details of the domestic violence (type, dates, frequency, severity)
• Details of children, if any
• Whether medical facilities, shelter, or protection is needed
• Previous complaints, if any

Where: Protection Officer's office, One Stop Centre, or your location (the PO can visit you) Cost: Free Timeline: The DIR should be prepared on the same day or within 2-3 days

Tip: Be thorough in narrating the incidents of violence. Include dates, describe each incident, mention witnesses (neighbours, family members, children), and describe the pattern of abuse. The DIR forms the basis of your application before the Magistrate and is treated as important evidence by the court.

Step 4: File an application before the Magistrate under Section 12

The Protection Officer will assist you in filing an application before the Magistrate (Judicial Magistrate First Class or Metropolitan Magistrate) seeking one or more of the following reliefs:

• Protection Order (Section 18): Prohibiting the respondent from committing domestic violence, entering your workplace, school, or any other place you frequent
• Residence Order (Section 19): Restraining the respondent from dispossessing you from the shared household, or directing the respondent to provide alternate accommodation
• Monetary Relief (Section 20): Compensation for medical expenses, loss of earnings, maintenance for you and your children, and damage to property
• Custody Order (Section 21): Temporary custody of children
• Compensation Order (Section 22): Compensation for injuries (physical and mental) caused by domestic violence

Where: Magistrate Court with jurisdiction (where the aggrieved person resides or the domestic violence occurred) Fee: No court fee is required for filing under the DV Act Form: No prescribed form for the application (but it is usually in petition format with the DIR attached)

Tip: You are entitled to free legal aid through the District Legal Services Authority (DLSA) if you cannot afford a lawyer. Contact the DLSA (located in the district court complex) or call the NALSA helpline at 15100. A legal aid lawyer will file and argue the case on your behalf at no cost.

Step 5: Magistrate grants interim/ex-parte protection order

The Magistrate can grant an ex-parte interim protection order (without hearing the respondent) on the first date itself if the situation is urgent. Under Section 23 of the DV Act, the Magistrate may grant interim relief if there is prima facie evidence of domestic violence and there is a clear and present danger to the safety of the aggrieved woman.

Timeline: The Magistrate should grant interim relief within 3 days of receiving the application (as directed by various High Courts) Effect: The protection order immediately prohibits the respondent from committing any act of domestic violence

Tip: Request the Magistrate for an ex-parte interim protection order at the first hearing itself. Emphasise the urgency — if you are in immediate danger, the court can pass the order on the same day. The order is enforceable immediately and can be served on the respondent by the police.

Step 6: Service of notice and hearing of the respondent

After granting interim relief, the Magistrate will issue notice to the respondent (the husband or male member) directing them to appear before the court and file a response.

Timeline: The first full hearing (after notice to respondent) is usually within 15-30 days

Tip: If the respondent violates the interim protection order, this is a cognizable and non-bailable offence under Section 31 of the DV Act, punishable with imprisonment up to 1 year or a fine up to ₹20,000, or both. Report any violation immediately to the police and the Protection Officer.

Step 7: Evidence and final hearing

Both sides present evidence and arguments. The aggrieved woman's evidence may include:

• The DIR
• Medical certificates
• Photographs
• Witness testimony (neighbours, family, children above 12 years)
• Financial documents (for economic abuse claims)
• Phone records and messages

Timeline: The entire case should ideally be disposed of within 60 days of the first hearing (as per the DV Act Rules and Supreme Court directions). Realistic timeline: 6-12 months.

Tip: The standard of proof in DV Act proceedings is "balance of probabilities" (the civil standard), not "beyond reasonable doubt" (the criminal standard). This means you need to show that it is more likely than not that domestic violence occurred. This lower standard makes it easier to obtain relief.

Step 8: Magistrate passes final order

The Magistrate passes a final order granting one or more of the reliefs sought (protection, residence, monetary, custody, compensation). The order is enforceable immediately.

Key reliefs typically granted:

• Protection order prohibiting all forms of domestic violence
• Residence order securing the woman's right to reside in the shared household
• Monthly maintenance (₹5,000-50,000+ depending on the respondent's income and the woman's needs)
• Compensation for injuries (₹50,000-5,00,000 depending on severity)
• Custody of minor children

Appeal: The respondent can appeal to the Sessions Court within 30 days of the order. The aggrieved woman can also appeal if dissatisfied.

Fees and costs

The entire DV Act process is designed to be free for the victim. If you use the free legal aid system and government facilities, the cost is zero.

How long does it take

Can you do this online?

The DV Act application is primarily a physical filing process. However:

• You can call the Women Helpline 181 or NCW helpline 7827-170-170 to initiate the process by phone
• The NCW online complaint portal (http://ncw.nic.in/) accepts online complaints that are forwarded to the relevant authorities
• The SHE-Box portal (https://shebox.wcd.gov.in/) allows online complaints of sexual harassment and domestic violence for working women
• Case status can be tracked on https://services.ecourts.gov.in/
• Some state DLSAs accept online applications for free legal aid

What if things go wrong

Problem: The Protection Officer is not available or refuses to help

Solution: You can file the application directly before the Magistrate without the Protection Officer's assistance (Section 12 allows the aggrieved person to file directly). You can also approach the DLSA for a legal aid lawyer who will file on your behalf. Additionally, complain to the District Magistrate (DM) about the Protection Officer's non-cooperation — the DM has administrative control over the PO.

Problem: The respondent violates the protection order

Solution: Breach of a protection order is a cognizable and non-bailable offence under Section 31 of the DV Act. Go directly to the nearest police station and file an FIR. The police must arrest the respondent without a warrant. Simultaneously, inform the Protection Officer and the Magistrate by filing a breach application. The respondent faces imprisonment up to 1 year and fine up to ₹20,000.

Problem: The respondent threatens you to withdraw the complaint

Solution: Report the threat immediately to the police and the Protection Officer. Threatening a witness/complainant is itself an offence under Section 195A IPC / Section 229 BNS. Request the Magistrate for additional protection measures. If you fear for your safety, the One Stop Centre can provide emergency shelter.

Problem: Your in-laws have thrown you out of the shared household

Solution: File an urgent application for a residence order under Section 19 of the DV Act. The Magistrate can direct the respondent to restore your possession of the shared household or provide alternate accommodation. The Supreme Court in S.R. Batra v. Smt. Taruna Batra (2007) held that the right to residence under DV Act applies to the "shared household" — the property where the woman resided, regardless of who owns it.

Problem: You are a live-in partner, and the respondent says DV Act does not apply

Solution: The Supreme Court in D. Velusamy v. D. Patchaiammal (2010) held that women in "relationships in the nature of marriage" (live-in relationships) are protected under the DV Act, provided the relationship has the semblance of marriage (cohabitation, shared household, held out as married to society). File your application citing this judgment.

State-specific differences

Note: The appointment and availability of Protection Officers varies significantly by state. In metro cities, POs are generally accessible. In rural areas, there may be delays. The One Stop Centre (Sakhi) is a more reliable and accessible option in most states.

Frequently asked questions

Can I file a DV Act complaint and a Section 498A IPC / Section 85 BNS complaint simultaneously?

Yes. The DV Act provides civil remedies (protection orders, maintenance, residence rights) while Section 498A IPC / Section 85 BNS is a criminal offence (cruelty by husband or relatives, punishable with imprisonment up to 3 years). You can pursue both simultaneously — they are complementary, not alternative. Many women file both for comprehensive protection and accountability.

Does the DV Act cover verbal and emotional abuse, or only physical violence?

The DV Act covers all forms of domestic violence — physical, sexual, verbal, emotional, and economic abuse. You do not need to show physical injuries. Persistent verbal abuse (insults, name-calling, humiliation), emotional abuse (isolation, controlling behaviour, threats), and economic abuse (depriving financial resources, preventing employment) are all actionable under the Act.

Can a woman file a DV complaint against her parents or brother?

Yes. The DV Act protects women against domestic violence by "any adult male person" with whom the aggrieved woman is in a "domestic relationship" — this includes relationships by blood, marriage, adoption, or living together in a shared household. A daughter subjected to violence by her father or brother, or a mother subjected to violence by her adult son, can file under the DV Act.

How much maintenance can I get under the DV Act?

The amount of maintenance depends on the respondent's income, the woman's needs, the standard of living during the relationship, and the number of children. Courts typically award ₹5,000-50,000 per month (sometimes more for high-income respondents). The Supreme Court has held that maintenance should be sufficient to enable the woman to live with dignity at a standard reasonably comparable to what she was accustomed to during the relationship. Maintenance under the DV Act is in addition to maintenance under Section 125 CrPC / Section 144 BNSS.

Is there a time limit for filing a DV complaint?

The DV Act does not prescribe a specific limitation period for filing under Section 12. However, courts generally expect the complaint to be filed within a reasonable time of the domestic violence. For ongoing domestic violence (which is the most common scenario), there is no limitation issue — each act of violence creates a fresh cause of action. The Supreme Court in Kamatchi v. Lakshmi Narayanan (2022) held that the limitation period of one year under Section 468 CrPC does not apply to proceedings under the DV Act, as they are civil in nature.