Domestic Violence Complaint — How to File, Helpline & Protection Orders

Domestic violence affects millions of women in India. The Protection of Women from Domestic Violence Act, 2005 (DV Act) gives women strong legal protection — including protection orders, residence orders, monetary relief, and custody orders. You do NOT need to file a criminal case to get protection.

This guide explains how to file a domestic violence complaint, helpline numbers, protection orders, shelter homes, and free legal aid available.

What Counts as Domestic Violence?

Under the DV Act 2005, domestic violence includes:

Key: Domestic violence is not limited to husband-wife. It covers any woman living in a shared household — daughter-in-law, mother, sister, live-in partner.

Who Can File a Complaint?

• Any woman (wife, live-in partner, mother, daughter, sister) who has been subjected to domestic violence
• On behalf of the aggrieved woman: a relative, neighbour, Protection Officer, NCW, or any person with the woman's consent
• Against: husband, male/female relatives of the husband, live-in partner, or any adult member of the shared household

Emergency Helpline Numbers

If in immediate danger, call 112 or 181 first.

How to File a Domestic Violence Complaint

You have multiple options — choose based on your situation:

Option 1: Approach the Protection Officer

Every district has a Protection Officer appointed under the DV Act.

1. Contact the District Women & Child Development Office or call 181 to locate your Protection Officer
2. The Protection Officer will:
   • Record your complaint in the Domestic Incident Report (DIR)
   • Help you file an application before the Magistrate
   • Arrange shelter, medical aid, and legal aid
   • Ensure your safety

Option 2: File Complaint at Police Station

1. Go to the nearest police station (women's police station if available)
2. File an FIR or NCR (Non-Cognizable Report) depending on the offence
3. Police must register your complaint — refusal is illegal
4. Under Section 498A IPC (now Section 85/86 BNS), cruelty by husband/relatives is a cognizable, non-bailable offence
5. Police will provide the DIR form and refer you to the Protection Officer

Tip: If police refuse to file FIR, see our online FIR guide for alternative options including emailing the SP/SSP.

Option 3: Directly Approach the Magistrate Court

1. You can directly file an application under Section 12 of the DV Act before the Judicial Magistrate First Class
2. No police complaint or FIR is needed
3. The Magistrate must hear the application within 3 days (as per the law, though actual timelines vary)
4. You can apply for protection orders, residence orders, monetary relief, and custody
5. Free legal aid is available through DLSA

Option 4: File Complaint with NCW (National Commission for Women)

1. Visit ncw.nic.in → "Register Complaint"
2. Fill in details online
3. NCW will forward the complaint to relevant authorities
4. You can also call 7827-170-170 or WhatsApp your complaint

Protection Orders Under DV Act

The Magistrate can pass the following orders:

Protection Order (Section 18)

• Prohibits the respondent from committing any act of domestic violence
• Prevents entry into the woman's workplace, school, or any place she frequents
• Prevents the respondent from contacting the woman

Residence Order (Section 19)

• The woman cannot be evicted from the shared household
• The respondent can be directed to vacate the house
• Alternative accommodation may be arranged at respondent's cost

Monetary Relief (Section 20)

• Compensation for loss of earnings, medical expenses, property damage
• Maintenance for the woman and her children
• Covers food, clothing, shelter, education, and medical needs

Custody Order (Section 21)

• Temporary custody of children to the aggrieved woman
• The respondent can be granted visitation rights with conditions

Compensation Order (Section 22)

• Additional compensation for injuries and emotional distress caused by domestic violence

All orders are enforceable — violation of a protection order is punishable with up to 1 year imprisonment and/or ₹20,000 fine.

Documents Required

While no documents are mandatory to file a complaint (oral complaints are accepted), having these helps:

1. Domestic Incident Report (DIR) — filled with Protection Officer or police
2. Identity proof (Aadhaar, Voter ID — of the complainant)
3. Medical reports of injuries (if any)
4. Photos/videos of injuries or damage
5. Witnesses' statements (neighbours, family)
6. Marriage certificate (if applicable)
7. Income proof of respondent (for maintenance claims)
8. Evidence of violence — messages, call recordings, CCTV footage
9. Children's documents (birth certificates, school records) for custody claims

Shelter Homes & Support Services

Free Legal Aid

Under the Legal Services Authorities Act, women are entitled to free legal services regardless of income:

1. Contact your District Legal Services Authority (DLSA) — available in every district court
2. Call NALSA helpline: 15100
3. A lawyer will be assigned to represent you free of charge
4. Covers court fees, lawyer fees, and all proceedings

Important Tips

1. Your safety comes first — if in immediate danger, call 112 or 181 before anything else
2. You don't need an FIR to get protection under the DV Act — directly approach the Magistrate
3. Document everything — keep a record of incidents, injuries (photos with dates), threatening messages
4. You cannot be evicted from the shared household — this is your legal right under the DV Act
5. Men cannot file under the DV Act, but can file under Section 498A/IPC for cruelty or civil remedies

FAQs

Q1: Can I file a domestic violence complaint without an FIR?

Yes. You can directly approach the Magistrate Court under Section 12 of the DV Act. No FIR or police involvement is required.

Q2: Is domestic violence only physical abuse?

No. The DV Act covers physical, sexual, verbal, emotional, and economic abuse. Even threats and controlling behaviour qualify.

Q3: Can a live-in partner file a DV complaint?

Yes. The DV Act covers women in live-in relationships who are in a relationship "in the nature of marriage."

Q4: How long does it take to get a protection order?

The law requires the Magistrate to hear the application within 3 days of filing. In practice, interim protection orders can be passed within 1-2 weeks. Final orders may take 1-3 months.

Q5: Can the complaint be withdrawn?

Yes, the woman can withdraw the complaint. However, the court may continue proceedings if it believes the woman is being pressured.

Q6: What if the violence happens at the in-laws' house?

You can file against your husband and his relatives (mother-in-law, father-in-law, etc.) if they are perpetrators or abettors of violence.

Q7: Is there any cost to file a DV complaint?

No. Filing a complaint is free. Legal aid is free for women through NALSA/DLSA. Court fees are minimal or waived.

Disclaimer: This guide is for informational purposes only. CitizenNest is not affiliated with any government body. If you are in danger, call 181 (Women Helpline) or 112 (Emergency) immediately. Consult a lawyer for advice specific to your situation.