Q. What is meant by Domestic Violence?

A. Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Women are mostly the victims of domestic violence. Domestic Violence is a type of human rights violation. The ‘Protection of Women from Domestic Violence Act, 2005’ (‘the Act’) recognizes a woman’s right to live in a violence-free relationship. To actualize this right, the Act recognizes a woman’s right to residence and her right to obtain protection orders under the law.

Q. What are the laws available for Protection of Women from Domestic Violence?

A. IProtection of women from Domestic Violence Act, 2005

Q. Are women in Live-in-relationship protected under Domestic Violence Act in India?

A. Yes

Q. What legal proof is required to prove a case of domestic violence (verbal and emotional abuse)?

A. Documentary proof, audio video, etc


A. Domestic violence is a hidden problem in India, as the home is considered a private space under the control of the male head of the household. Women are seen as traitors by the family when they report violence. This, along with several other factors, result in domestic violence being under reported. According to ICRW Study in 1999 - 4 out of 10 women in India have experienced violence at home and 45% of women have suffered at least one incident of physical or psychological violence in their lifetime.


A. Anyone, regardless of ethnicity, religion, class, age, sexuality or lifestyle, can face domestic violence. The survivor is related to the abuser the rough marriage, blood relationship or live-in relationship.

Q. What legal proof is required to prove a case of domestic violence (verbal and emotional abuse)?

A. Documentary proof, audio video, etc

Q. What steps should a man take if he is falsely accused of domestic violence by his wife?

A. The alleged defendant will require zealous advocacy on their behalf by a knowledgeable lawyer.

Q. What should a man do if he is a victim of domestic violence?

A. Report it to the police and try to get a FIR filed with documentary evidence like MLC.

Q. What’s the difference between a 498A and domestic violence case?

A. DV is known for the complaint related to any violence for eg financial, mental, social, physical etc where immediate proof is not available. 498A is considered as more heinous way of complaint, in this complaint a direct FIR can be registered and earlier direct arrests too.

Q. Are verbal abuse and emotional abuse comes under domestic violence?

A. Yes

Q. Is there any benefit of filing false cases of domestic violence or 498a in India?

A. No

Q. What questions does a defense attorney ask a domestic violence victim on trial?

A. Questions related to the case.

Q. Does domestic violence guarantee divorce?


Q. Is domestic violence punishable under criminal law?

A. Yes, only section 31 is punishable. Rest is Civil in nature

Q. Can someone go to prison for domestic violence?

A. Not generally.

Q. Is there any law in India Against Women doing domestic violence?

A. PWDVA but in limitation.

Q. Is there any law in India which addresses Domestic Violence against men?

A. No

Q. Is there any law in India which addresses Domestic Violence done by women to women?

A. Yes

Q. If a husband asked his wife to leave the house. Does it come under Domestic Violence?

A. Yes

Q. What is process of filing Domestic Violence cases in India?

A. A lady has to file a petition in the nearest Mahila court or First Class Magistrate

Q. What is section 12 of Protection of women from Domestic Violence in India?

A. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs mentioned under PWDVA

Q. What includes Domestic Violence?

A. Physical, Mental, emotional, sexual or financial abuse

Q. Should the Domestic Violence act of India be made gender neutral?

A. Yes

Q. Does Domestic Violence cases apply for parents?

A. Yes, parents of the husband can be made party

Q. What can be done to stop misuse of Domestic Violence Act, 2005?

A. You have fight and disprove the case filed by lady

Q. what role does alcohol and drug abuse play in Domestic violence?

A. No role has been attributed to alcohol and drug abuse yet in any studies.

Q. Do most Domestic violence cases go to trial?

A. Yes

Q. Is there a difference between the violence committed on women at home, on the streets and at the workplace?

A. Yes

Q. What is the difference between Domestic Violence and Harassment?

A. Domestic violence is violence or other abuse in a domestic setting, such as in marriage or cohabitation. Harassment is unwanted conduct that occurs with the purpose or effect of violating the dignity of an individual or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Q. What are the loopholes in the enactment of “The Protection of Women from Domestic Violence Act, 2005”?

A. It is a loosely worded act and definitions leave much to be desired.

Q. What kind of abuses Domestic violence includes?

A. Physical, Mental, Financial, Emotional or Psychological

Q. What are the proceedings to be followed after filing Domestic Violence case?

A. After an application is filed by the lady, a reply is filed by the husband and then the trial proceeds

Q. What are the laws against Domestic violence available in India?

A. PWDVA 2005

Q. Does Domestic Violence Act protect men in India?

A. No

Q. Are women in Live-in-relationship cover under Domestic Violence Act?

A. Yes

Q. Can men be victims of domestic violence?

A. Yes

Q. What is the help available for victims of domestic violence?

A. They can file a Police complaint or file a DV suit in court

Q. Can domestic violence happen to anyone?

A. Yes

Q. Is financial abuse comes under domestic violence?

A. Yes

Q. Is there any law in India against women doing Domestic Violence?

A. NO.

Q. Can the Domestic Violence laws be applied to LGBT community in India?

A. Yes

Q. Domestic Violence Act provides protection to women who are legally married to men?

A. Yes

Q. What are the benefits of PWDVA?

A. A woman can get maintenance as well as right to residence.

Q. What are the role of non-governmental organizations in Domestic Violence?

A. They can provide help and support, both legal and social but only to women

Q. Can a lady claim Maintenance under Domestic Violence Act?

A. Yes

Q. If parents are living separately, still can they be made respondents in a DV case?

A. No. But if they are then their names will have to be removed through an application by them

Q. Can parents get eviction order against Daughter-in-law if she files a DV case against them?

A. Yes, parents can get the Daughter in law evicted

Q. Can visitation by father be decided in a DV proceedings?

A. Yes, visitation orders can be passed in favor of the father/husband.

Q. Can DV case be quashed?

A. Yes, it can be quashed against the respondents who don’t have any domestic relationship with the lady.

Q. Who is a protection officer? And where is his/her office in the district Head-quarters

A. Protection Officer is appointed by the State Government. In the District
Headquarter, the office of Protection Officer is usually in the same building
which houses the office of Superintendent of Police.

Q. What are the various duties performed by protection officer?

A. The following are the duties of the Protection Officer:

  • to assist the Magistrate in the discharge of his functions underthis Act.
  • To make a domestic incident report to the Magistrate.
  • To make an application to the Magistrate for issuance ofprotection order, where the aggrieved person so desires.
  • To ensure the aggrieved person is provided legal aid.
  • To maintain the list of all service providers.
  • To make available a safe shelter home if the aggrieved personso requires.
  • To get aggrieved person medically examined if she hassustained bodily injuries.
  • To ensure that the order for monetary relief is complied with.
  • To perform such duties as may be prescribed.
Q. What is a protection order and residence order and what other orders can be passed by the Court.

A. Protection Order:-
It is an order whereby Magistrate prohibits the respondent from:

  • Committing any act of domestic violence.
  • Aiding or abetting any such act of domestic violence.
  • Entering the place of employment/school/another placefrequented by the aggrieved person.
  • Attempting to communicate in any form whatsoever with theaggrieved person.
  • Alienating any assets including Stridhan, operating bank lockersor bank accounts etc. without the leave of the Magistrate.
  • Causing violence to the dependants, relatives or any personwho gives any person assistance from domestic violence.
  • Committing any other act as specified in the protection order.
Q. Can men experience domestic violence?

A. While it is recognised and documented in research and statistics that the majority of domestic violence is perpetrated by men against women, it is also acknowledged and becoming increasingly recognised that men can experience violence from their female partners and in male gay relationships. It can be extremely difficult for men to acknowledge they are experiencing domestic violence and the stigma and shame attached to the issue can be a huge barrier in accessing support.

Everyone has a basic human right to live a life free from violence and abuse. Women’s Aid can provide helpline support to men who experience domestic violence and can also sign post to other agencies that can help. For many men, calling the helpline is the first step they have made in talking to someone else about the problems they face, whether it is information or emotional support.

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