What to Do If You Face Domestic Violence in India

If you are facing domestic violence in India, you have strong legal protection under the Protection of Women from Domestic Violence Act, 2005. You can call the Women Helpline at 181 (toll-free, 24 hours) for immediate help, file a complaint with your local Protection Officer or the police, and apply to a Magistrate for a Protection Order that legally bars your abuser from harming you. The law covers not just physical violence but also emotional abuse, verbal abuse, sexual abuse, and economic abuse -- and it protects you whether you are a wife, live-in partner, mother, sister, or any woman living in a shared household.

Why this matters

Domestic violence is not a private family matter. It is a crime and a violation of your fundamental rights. The law recognizes this, and it gives you multiple ways to protect yourself and your children -- both through the civil courts (Protection Orders, residence rights, monetary relief) and through the criminal justice system (police complaint under Section 85 of the Bharatiya Nyaya Sanhita, which replaced the earlier Section 498A of the Indian Penal Code).

Many women hesitate to act because they believe they have nowhere to go, or that the law will not help, or that they need to tolerate abuse to keep the family together. None of this is true. The Domestic Violence Act specifically guarantees your right to continue living in your shared household -- your husband or his family cannot throw you out. You do not need to leave your home to get protection. The law comes to you.

The definition of domestic violence under the Act is deliberately broad. It includes slapping, hitting, or any physical force. It includes threats, insults, humiliation, and constant belittling. It includes controlling your access to money or preventing you from working. It includes forcing sexual acts. If any of these things are happening to you, the law is on your side.

Step-by-step: What to do

If you are in immediate danger

Call 112 (national emergency number) or 181 (Women Helpline, toll-free, available 24 hours in all states). The Women Helpline will connect you with the police, a Protection Officer, a hospital, or a One Stop Centre depending on what you need.

If you are injured, go to the nearest hospital. Government hospitals are required to provide free treatment to domestic violence survivors and to record your injuries in a medico-legal case (MLC) report, which becomes important evidence later.

Step 1 -- Contact a Protection Officer or file a police complaint

You have two parallel routes, and you can use both simultaneously:

Civil route (Protection Officer): Every district in India has a designated Protection Officer appointed under the DV Act. You can find yours through the District Women and Child Development Office, the Women Helpline (181), or your nearest One Stop Centre. The Protection Officer will:

• Record your complaint in a Domestic Incident Report (DIR)
• Help you file an application before the Magistrate
• Connect you with legal aid, shelter, and medical services
• Follow up on court orders to ensure compliance

Criminal route (Police): Go to your nearest police station and file a First Information Report (FIR) under Section 85 of the Bharatiya Nyaya Sanhita (cruelty by husband or relatives of husband). This is a cognizable offence, meaning the police must register the FIR and can arrest the accused without a warrant. The punishment is imprisonment up to three years and a fine.

You do not have to choose one route over the other. The civil Protection Order and the criminal FIR serve different purposes and can run at the same time.

Step 2 -- File an application before the Magistrate (Section 12)

Under Section 12 of the DV Act, you, your Protection Officer, or any person on your behalf can file an application before the Judicial Magistrate First Class (or Metropolitan Magistrate in metropolitan areas). You can seek one or more of the following reliefs:

• Protection Order (Section 18) -- The court orders the abuser to stop committing violence, stop contacting you, stay away from your workplace or your children's school, and surrender weapons if any
• Residence Order (Section 19) -- The court can restrain the abuser from dispossessing you from the shared household, or can direct the abuser to arrange alternative accommodation for you
• Monetary Relief (Section 20) -- The court can order the abuser to pay for your medical expenses, loss of earnings, maintenance for you and your children, and damage to your property
• Custody Order (Section 21) -- Temporary custody of your children
• Compensation Order (Section 22) -- Compensation for injuries, including mental torture and emotional distress

Timeline: The Magistrate must fix the first hearing within three days of receiving your application. The entire application must be disposed of within sixty days of the first hearing.

Step 3 -- Gather and preserve evidence

While the law is on your side, evidence strengthens your case:

• Medical records -- Get injuries documented at a government hospital (MLC report)
• Photographs -- Photograph injuries, damaged property, threatening messages
• Messages and recordings -- Save threatening WhatsApp messages, texts, emails, or call recordings
• Domestic Incident Report -- The DIR filed by the Protection Officer is official evidence
• Witness statements -- Neighbours, relatives, or domestic workers who have witnessed the abuse
• Financial records -- Bank statements showing economic abuse (withholding money, taking your salary)

Step 4 -- Access support services

One Stop Centres (Sakhi Centres): These government-run centres are present across India and provide integrated support -- emergency shelter (up to 5 days, being extended to 10-15 days), medical help, police facilitation, legal aid, and psycho-social counselling, all under one roof. Call 181 to find the nearest one.

National Commission for Women (NCW): You can register a complaint online at ncwapps.nic.in or call the NCW helpline at 14490. The NCW can intervene, summon the respondent, and facilitate resolution.

Free legal aid: You are entitled to a free lawyer through the District Legal Services Authority (DLSA) regardless of your income level. Under the Legal Services Authorities Act, women are entitled to free legal aid irrespective of their financial status.

Shelter homes: If you need a safe place to stay, Swadhar Greh and Short Stay Homes operated by the government or affiliated NGOs provide longer-term shelter. The Protection Officer or One Stop Centre can arrange this.

Your right to stay in the shared household

This is one of the most powerful provisions in the law. Section 17 of the DV Act gives every woman in a domestic relationship the right to reside in the shared household, whether or not she has any ownership interest in the property. This means:

• Your husband or his family cannot evict you from the matrimonial home
• Even if the house is in your husband's name or his family's name, you have a right to live there
• The court can pass a Residence Order preventing anyone from disturbing your possession
• If you are forced out, the court can direct that you be restored to the shared household

What if things go wrong

The police refuse to file your FIR: This is illegal. You can complain to the Superintendent of Police, file a written complaint by post to the Senior Superintendent of Police, or approach the Magistrate directly under Section 190 of the Code of Criminal Procedure (Section 210, Bharatiya Nagarik Suraksha Sanhita) to direct the police to register your case.

Your abuser violates the Protection Order: Breach of a Protection Order is a criminal offence under Section 31 of the DV Act, punishable with imprisonment up to one year or a fine up to 20,000 rupees or both. Report the breach immediately to the police or your Protection Officer.

You are being pressured to withdraw your case: No one can force you to withdraw. If family members or in-laws are pressuring you, inform your Protection Officer or lawyer. The court will take note of any coercion.

You are not in the same city as your abuser: You can file in the court where you currently reside. You do not need to go to the city where the abuse happened or where the abuser lives.

You are in a live-in relationship, not a marriage: The DV Act explicitly covers women in relationships "in the nature of marriage." You have the same protections as a married woman.

Documents and resources you need

• Copy of your identity proof (Aadhaar, voter ID, passport)
• Marriage certificate (if married) or evidence of domestic relationship
• Medical reports documenting injuries (MLC from government hospital)
• Photographs of injuries or property damage
• Copies of threatening messages, emails, or social media posts
• Domestic Incident Report (filed by Protection Officer)
• Financial documents showing economic dependence or economic abuse
• Children's birth certificates (if seeking custody)

Emergency contacts:

Common myths

"Domestic violence means only physical beating." The DV Act defines domestic violence very broadly under Section 3. It includes physical abuse (hitting, slapping, kicking), verbal and emotional abuse (insults, humiliation, threats, constant criticism), sexual abuse (forced sexual acts), and economic abuse (denying money, taking your salary, not allowing you to work). You do not need to show physical injury to get a Protection Order.

"Only married women can file under the DV Act." Wrong. The Act protects any woman in a domestic relationship -- wives, live-in partners, mothers, sisters, daughters, widows, and any woman residing in a shared household. The relationship can be by blood, marriage, adoption, or a relationship in the nature of marriage.

"Filing a case means you have to leave your home." The opposite is true. Section 17 guarantees your right to stay in the shared household. The abuser can be directed to leave, not you.

"You need a lawyer to file a DV complaint." You do not. You can approach the Protection Officer directly, and they will help you with the paperwork and filing. You are also entitled to free legal aid through DLSA.

"A DV case will ruin your husband's career." A Protection Order is a civil remedy, not a criminal conviction. It directs the abuser to stop the violence and provide for your needs. The criminal route under Section 85 BNS is separate and is for serious cases of cruelty.

The law behind this

Frequently asked questions

Can I file a domestic violence case against my in-laws, not just my husband? Yes. The DV Act applies to any person in a domestic relationship with you. This includes your husband, your mother-in-law, father-in-law, brother-in-law, sister-in-law, or any relative of the husband living in the shared household. You can name multiple respondents in a single application.

How quickly can I get a Protection Order? The Magistrate must hold the first hearing within three days of your application. In urgent cases, the court can pass an ex parte interim order (without hearing the other side) on the very first day. The final order must be passed within sixty days.

Will I lose my right to stay in the house if I leave temporarily for safety? No. Temporarily leaving the shared household for your safety does not affect your right under Section 17. You can seek a Residence Order to be restored to the shared household at any time.

Can I file both a DV case and a divorce case at the same time? Yes. The DV case (Protection Order) is a separate proceeding from divorce. Many women file a DV application first for immediate protection and then initiate divorce proceedings. The remedies under both can operate simultaneously.

Is there a time limit for filing a DV complaint? The DV Act does not prescribe a specific limitation period. However, the criminal route under Section 85 BNS has a limitation period of three years from the date of the offence. For the civil Protection Order, you should file as soon as possible while the evidence is fresh.

What if my husband has moved me to another city away from my family? You can file in the city where you currently reside. The court has jurisdiction where the aggrieved person resides or carries on business, where the respondent resides, or where the cause of action arose. You do not need to travel to your hometown.