Protection Under the Domestic Violence Act 2005: Rights, Reliefs, and How to File
The Protection of Women from Domestic Violence Act, 2005 provides fast civil remedies — protective orders, the right to remain in the shared home, maintenance, and custody protection — without requiring a criminal case. Every woman should know this law.
1 May 2026
By Law Saral Editorial Team — Legal Research & Content Review
Reviewed by Adv. Harvijaysinh H. Gohil, Advocate — Bar Council of Gujarat · G/954/1994
Introduction
The Protection of Women from Domestic Violence Act, 2005 (DV Act) is India's first comprehensive civil law addressing domestic violence. It provides women with fast, accessible legal remedies — including immediate protective orders, the right to remain in the shared home, monetary relief, and custody protection — without requiring a criminal prosecution.
Who Is Protected?
The DV Act protects women in a domestic relationship. Under Section 2(f), a domestic relationship means a relationship between two persons who live or have lived together in a shared household — related by: Blood Marriage A relationship in the nature of marriage (including live-in relationships) Adoption As family members in a joint family
The Act protects wives, live-in partners, daughters, sisters, widows, and mothers living in the household.
The respondent is typically a male adult, but female relatives of the husband (e.g., mother-in-law, sister-in-law) can also be respondents in appropriate cases.
What Counts as Domestic Violence?
Section 3 defines domestic violence broadly across four categories:
Physical Abuse: Any act causing bodily pain, harm, or danger to life or health.
Sexual Abuse: Any conduct of a sexual nature that abuses, humiliates, or degrades the woman, or which violates her dignity.
Emotional and Verbal Abuse: Insults, ridicule, name-calling, threats, humiliation about not having children, repeated threats of physical harm.
Economic Abuse: Deprivation of financial resources the woman is entitled to; disposal of household belongings; forcing her out of employment; not providing maintenance, food, clothing, or shelter.
The Reliefs Available
Protection Orders — Section 18 A Magistrate can prohibit the respondent from: Committing any further act of domestic violence Entering the aggrieved woman's workplace or the children's school Communicating with her by any means Alienating jointly held assets or bank accounts
Violation of a protection order is a cognisable and non-bailable offence under Section 31, punishable with imprisonment up to one year and/or a fine of up to ₹20,000.
Residence Orders — Section 19 Section 17 first establishes the foundation: every woman in a domestic relationship has the right to reside in the shared household, regardless of whether she has any title or ownership rights in it.
Under Section 19, the Magistrate can: Direct that the aggrieved woman shall not be removed or evicted from the shared household Direct the respondent to remove himself from the shared household Restrain the respondent from entering the portion where she resides Direct the respondent to provide her with alternate accommodation of a standard similar to that she enjoyed
Monetary Relief — Section 20 The Magistrate can direct the respondent to pay: Loss of earnings Medical expenses Loss caused by damage or destruction of property Maintenance for the woman and her children (in addition to maintenance under any other law, including Section 125 CrPC / Section 144 BNSS)
Custody Orders — Section 21 Temporary custody of children can be granted to the aggrieved woman. The Magistrate may also specify visitation rights for the respondent.
Compensation Orders — Section 22 The Magistrate can direct the respondent to pay compensation for injuries — both physical and psychological — caused by acts of domestic violence.
How to File
Through a Protection Officer Every district has a designated Protection Officer (PO). The woman can approach the PO, who will: Help document the Domestic Incident Report (DIR) File the Section 12 application before the Magistrate Connect her with shelter homes and legal aid
Directly Before the Magistrate Under Section 12, any aggrieved woman — or any person or organisation on her behalf — can directly file an application before the Judicial Magistrate First Class (JMFC) where: She resides or carries on business The respondent resides or carries on business, or The domestic violence occurred
Timeline First hearing: within 3 days of filing Disposal of the case: within 60 days of first hearing (Section 12(5)) Ex-parte interim orders can be passed immediately if there is an imminent danger — without hearing the respondent first
Relationship with Criminal Law
The DV Act provides civil remedies only. It does not prevent simultaneously pursuing: Section 85 BNS (formerly Section 498A IPC) — cruelty by husband or his relatives (criminal) Section 80 BNS (formerly Section 304B IPC) — dowry death (criminal) Dowry Prohibition Act, 1961
Many survivors pursue both tracks: the DV Act for immediate practical relief (home, maintenance, protection) and criminal law for accountability.
Free Legal Aid
Women seeking protection under the DV Act are entitled to free legal aid from the State or District Legal Services Authority (SLSA/DLSA). Every district DLSA provides free advocates to eligible applicants.
National Helpline: 181 (Women Helpline, toll-free, 24×7)
Conclusion
The DV Act's most distinctive features — the right to remain in the shared home, ex-parte orders available within days, and a definition of domestic violence broad enough to include economic and emotional abuse — make it the most practical first legal step for women experiencing abuse. The Protection Officer system further ensures access even for women without legal resources.
*This article provides general educational information about the Protection of Women from Domestic Violence Act, 2005. It does not constitute legal advice. Please consult a qualified advocate for guidance specific to your situation. Law Saral is an AI-powered technology platform — not a law firm or legal advisor.*