Q1. In a domestic violence case in India, what is the punishment?

If criminal charges are established (such as cruelty), for instance, under IPC Section 498A, the accused can be sentenced for up to 3 years imprisonment and fines.

Q2. How long does it take to settle a domestic violence case?

Though the Act prescribes that the Domestic violence case can be disposed of within 60 days, depending on the complexity of the case, actual timelines may extend.

Q3. Is it possible to file domestic violence cases against in-laws?

Yes, in-laws can be the respondent in a domestic violence case if they are part of the domestic relationship, and he/she is a perpetrator of abuse.

Q4. Am I able to file a case of domestic violence while living with my husband?

Yes, according to the law, women can obtain protection against domestic violence in a common household.

Q5. What are the rights of a woman in a domestic violence case?

A woman's rights under a case of domestic violence include the right to protection, right to residence, right to monetary relief, right to custody, and right to compensation under the PWDVA.

Q6. Can a domestic violence case be filed by men under Indian law?

Only women can approach the court of law for a complaint under the Protection of Women from Domestic Violence Act, 2005. Men who are abused can approach it under criminal law.

Q7. Is domestic violence only physical abuse?

No. Domestic violence includes not only physical abuse, but also emotional, sexual, verbal and economic abuse. Mental abuse, harassment, coercion and withholding money also amount to domestic violence.

Q8. Is it possible for domestic violence matters to be settled without a return to court?

Civil relief offered under PWDVA allows parties to mutually settle the case, however, criminal actions (e.g., under Section 498A IPC) cannot be quashed or compounded unless and until on court sanction.

Q9. What kind of evidence is needed for a case of domestic violence?

Evidence can be in the form of medical reports, witness statements, photos of injuries, audio/video recordings, text messages and diary accounts.

Q10. What if she is willing to withdraw a proceeding for domestic violence?

A woman can approach the Magistrate to withdraw her complaints, especially where there is a mutual reconciliation between parties. This does not, however, automatically end criminal proceedings under different sections of the IPC.

Q11. Whether a working woman claims money relief in cases of domestic violence?

Yes, even if she is receiving a salary, the court will decide whether she is earning enough money to sustain herself; otherwise, monetary relief or maintenance may be granted.

Q12. Whether a domestic violence case be filed after divorce?

Yes, if the violent incidents occurred during the marriage or while the domestic relationship subsisted.

Q13. Do I need to engage a domestic violence lawyer to file a case?

You don't need to, but you must. A good domestic violence lawyer will assist victims with documents, appearing in court and obtaining the correct reliefs.

Q14. Will the court grant interim relief prior to the final order being made?

Yes. Interim protection, residence or monetary orders during this time until the case is decided to safeguard the victim's safety or welfare can be given by courts.

Q15. What does the Protection Officer do in cases of domestic violence?

The Protection Officer assists the aggrieved woman in filing the complaint, accompanies her to a shelter home or medical relief and facilitates legal aid.