Domestic Violence Act, 2005: How to Get Protection, Residence and Monetary Relief

By the legal team at Neeraj Associates · Updated 20 October 2026 · 8 min read

By Team Neeraj Associates, Lucknow · Last reviewed: October 2026 · 6 min read

हिंदी में पढ़ें: घरेलू हिंसा अधिनियम — हिंदी गाइड

What counts as domestic violence under the DV Act?

Section 3 defines domestic violence broadly. It covers:

• Physical abuse — hitting, pushing, or any act causing bodily pain or harm
• Sexual abuse — conduct that violates a woman's dignity
• Verbal and emotional abuse — insults, name-calling, ridicule (including for not having a son or child), and repeated threats
• Economic abuse — denying money for household needs, stridhan or rent, selling household goods or her property, or stopping her from using the shared home
• Dowry harassment — harassing her or her relatives to meet an unlawful demand for dowry or property

Who can file a DV Act case, and against whom?

The woman is called the "aggrieved person" (Section 2(a)). She must be, or have been, in a "domestic relationship" with the respondent — that is, living together in a shared household through marriage, a relationship in the nature of marriage (such as a live-in relationship), blood relation or adoption (Section 2(f)). So a wife, a live-in partner, a mother, a sister, a widow or a daughter can all use the Act.

Under Section 2(q), a wife or live-in partner can also name the relatives of the husband or male partner. Courts have generally read this widely, so applications often name both male and female relatives.

Who is the Protection Officer, and how can she help?

The Protection Officer is appointed by the State Government under Section 8. In Uttar Pradesh, the District Probation Officer of each district generally works as the Protection Officer. Under Section 9 and Rule 8 of the Protection of Women from Domestic Violence Rules, 2006, the Protection Officer:

• records a Domestic Incident Report (DIR) in Form I and sends it to the Magistrate and the police station
• helps prepare the application in Form II and a safety plan (Form V)
• arranges shelter, medical examination and free legal aid
• serves notice on the respondent and helps ensure monetary orders are paid

Anyone may inform the Protection Officer about domestic violence (Section 4). Whoever receives a complaint must tell the woman about her rights, including free legal aid (Section 5).

How do I file a domestic violence case before the Magistrate? (Step-by-step)

1. Approach the Protection Officer, a registered service provider or the court directly. Going through the Protection Officer is common but not compulsory.
2. Get a Domestic Incident Report recorded. The Magistrate must take it into account (Section 12(1) proviso).
3. File the application under Section 12 in Form II. List each relief you want: protection, residence, monetary relief, custody, compensation.
4. Choose the right court. Under Section 27, you can file before the Judicial Magistrate First Class where you live (even temporarily), work or run a business, where the respondent lives or works, or where the violence happened.
5. Ask for interim or ex parte relief if urgent. File an affidavit in Form III (Section 23(2) and Rule 7) describing the immediate danger.
6. Attend the first hearing. The Magistrate should ordinarily fix it within three days of receiving the application (Section 12(4)). The Protection Officer is to serve the notice on the respondent within two days (Section 13).
7. Counselling and final order. The Magistrate may direct counselling (Section 14) and hold proceedings in camera (Section 16), and is to try to decide the case within 60 days of the first hearing (Section 12(5)), though it often takes longer.

What orders can the Magistrate pass?

• Protection order (Section 18): stops the respondent from committing violence, entering her workplace, contacting her, or operating joint accounts and lockers or disposing of her stridhan.
• Residence order (Section 19): stops the respondent from throwing her out of the shared household, removes him from it, or directs him to arrange other accommodation of the same standard or pay rent. No order can be passed directing a woman to leave the household.
• Monetary relief (Section 20): loss of earnings, medical expenses, property damage and maintenance for her and her children, fair and matching her accustomed standard of living, as a lump sum or monthly.
• Custody order (Section 21): temporary custody of children, with or without visiting rights for the respondent.
• Compensation order (Section 22): for injuries, including mental torture and emotional distress.

Do I have a right to stay in my matrimonial home?

Yes. Section 17 gives every woman in a domestic relationship the right to reside in the "shared household", whether or not she has any title or ownership in it. Under Section 2(s), a shared household includes a house owned or rented by either of them, or a joint family house of which the respondent is a member. She cannot be evicted except by procedure established by law. Courts have generally balanced this right against other family members' rights, so the Magistrate may instead order alternative accommodation or rent.

Can I get maintenance under the DV Act and Section 144 BNSS together?

Section 20 allows maintenance in addition to an order under Section 125 CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, BNSS), and Section 26 lets these reliefs be claimed in a pending divorce or family case. Any maintenance granted elsewhere must be disclosed (Section 26(3)), and courts generally adjust one award against the other.

What if the husband does not pay or breaks the order?

• Non-payment: Under Section 20(6), the Magistrate can direct his employer or debtor to pay part of his salary or dues directly to the woman or into court. Under Rule 6(5), orders are also enforced in the manner of maintenance orders, now under Section 147 BNSS (old Section 128 CrPC).
• Breach of a protection order: This is an offence under Section 31, punishable with up to one year's imprisonment, a fine up to ₹20,000, or both. It is cognizable and non-bailable (Section 32). Report it to the Protection Officer, the police or the Magistrate (Rule 15).
• Appeal: Either side can appeal to the Court of Session within 30 days of service of the order (Section 29).

Cruelty or dowry demands can also be pursued separately under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) (old Section 498A IPC) or the Dowry Prohibition Act, 1961; the DV Act adds to other laws (Section 36).

Frequently asked questions

Is a DV Act case a criminal case?

The application under Section 12 is decided by a criminal court (the Magistrate) but the reliefs are mainly civil in nature: protection, residence, maintenance and compensation. It becomes criminal only if the respondent breaches a protection order, which is an offence under Section 31.

Can a live-in partner file under the DV Act?

Yes. A "domestic relationship" under Section 2(f) includes a relationship in the nature of marriage, so a woman in such a live-in relationship can apply.

Is it compulsory to go through the Protection Officer?

No. A woman can file directly before the Magistrate, herself or through an advocate. The Protection Officer's help is useful for the Domestic Incident Report, notice, shelter and legal aid.

How soon can I get an interim order?

The first hearing should ordinarily be within three days of filing (Section 12(4)). In urgent cases, the Magistrate can pass an ex parte interim order under Section 23(2) on the woman's affidavit in Form III.

Is legal aid free for women in DV cases?

Yes. Women are entitled to free legal services under Section 12 of the Legal Services Authorities Act, 1987, through the District Legal Services Authority. The Protection Officer must help arrange it.

Which court in Lucknow hears DV Act cases?

The Judicial Magistrate First Class having jurisdiction under Section 27 — where the woman lives or works, where the respondent lives or works, or where the violence took place.

About the authors

Team Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363

Disclaimer: This article is general information as of October 2026, not legal advice. Laws change, and every case depends on its facts. Please consult an advocate about your situation.