👨👩👧 Family RightsDomestic Violence Protection in India — Know Your Legal Rights
Understand your rights under India's Domestic Violence Act. Learn how to get protection orders, shelter, and legal aid if you face abuse at home.
Last verified: April 2026
Domestic violence is a serious and widespread problem in India, affecting people across all communities and income levels. The Protection of Women from Domestic Violence Act, 2005 gives survivors strong legal tools to seek safety, compensation, and justice without necessarily going through a lengthy criminal trial. Knowing your rights under this law can be the first step toward protecting yourself and your family.
⚖️ Your Key Rights
- ✓You have the right to live free from physical, sexual, verbal, emotional, and economic abuse by any person with whom you share or have shared a domestic relationship.
- ✓You have the right to continue residing in the shared household — even if you do not own it — and cannot be forcibly evicted without a court order.
- ✓You have the right to apply for a Protection Order from a Magistrate's court, which can legally prohibit the abuser from contacting, threatening, or harming you.
- ✓You have the right to monetary relief, including compensation for medical expenses, loss of earnings, and maintenance for yourself and your children.
- ✓You have the right to free assistance from a Protection Officer (appointed by the state government) who can help you file complaints, access shelter, and obtain medical aid.
- ✓You have the right to emergency shelter in a government-recognized shelter home if you need to leave your residence immediately for your safety.
- ✓You have the right to legal aid free of charge if you cannot afford a lawyer, through the National Legal Services Authority (NALSA) or your State Legal Services Authority.
📋 Common Situations Explained
Physical Assault by a Spouse or Partner
If your husband or live-in partner hits, slaps, pushes, or physically harms you, this constitutes domestic violence under the 2005 Act. You can approach a Protection Officer or the Magistrate's court to obtain a Protection Order and seek medical compensation. A police complaint under Section 498A of the Indian Penal Code (now Bharatiya Nyaya Sanhita) for cruelty by a husband or his relatives is also an option.
Being Thrown Out of the Home by In-Laws
Even if the house belongs to your in-laws, if it was your shared household as a married woman, you have the right to reside there under the Domestic Violence Act. You can apply to the court for a Residence Order that prevents your removal and, if you have already been evicted, orders that you be allowed back. This right exists regardless of whether your name is on any property document.
Emotional or Verbal Abuse and Humiliation
Constant insults, threats, name-calling, controlling behaviour, and humiliation — including in front of children or relatives — qualify as emotional abuse under the Act. You do not need to show physical injuries to file a complaint. A Protection Order can prohibit the abuser from communicating with you in harmful ways.
Economic Abuse — Denial of Money and Resources
If your partner or in-laws prevent you from accessing money, employment, or your own property, or force you into debt, this is economic abuse recognised under the Act. You can seek a Monetary Relief Order requiring the abuser to pay for your household expenses, children's education, medical costs, and your own maintenance.
Abuse by Relatives Other Than the Spouse
The Domestic Violence Act covers abuse by any member of the household with whom you share a domestic relationship — this includes in-laws, parents, siblings, or other relatives living in the same home. If a mother-in-law or sister-in-law is abusive, you can include them in your complaint. Note that the Act primarily protects women; men facing domestic abuse may seek remedies under general criminal law.
🚀 What To Do
- 1Call the national Women's Helpline at 181 or the emergency number 112 if you are in immediate danger — they can connect you to police and local support services right away.
- 2Visit your nearest Protection Officer (PO), who is appointed by the state government and is usually located at the District Women and Child Development Office — the PO will help you file a Domestic Incident Report (DIR) for free.
- 3Collect and preserve evidence of the abuse: photographs of injuries, medical reports, screenshots of threatening messages, witness names, and any other documentation before approaching authorities.
- 4File an application before the Judicial Magistrate First Class (JMFC) in your area asking for one or more orders: a Protection Order, Residence Order, Monetary Relief Order, or Custody Order for children — your Protection Officer or a free legal aid lawyer can help draft this.
- 5Apply for free legal assistance at your District Legal Services Authority (DLSA) office if you cannot afford a lawyer — you are entitled to a court-appointed advocate at no cost.
- 6If you need to leave home immediately, ask the Protection Officer or police to direct you to a government-recognized shelter home (Swadhar Greh or Short Stay Home) in your area where you and your children can stay safely while your case proceeds.
👨⚖️ When to Get a Lawyer
You should consult a lawyer as soon as possible if you are seeking a court order, filing a criminal complaint, dealing with child custody, or if the abuser has also initiated legal proceedings against you. A lawyer ensures your application is complete and that your rights are fully protected throughout the court process.
🔗 Official Resources
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