Domestic violence lawyer: protection, residence and money orders
If you are in immediate danger, call 112, or 181 for the Women Helpline, first. The Protection of Women from Domestic Violence Act 2005 lets a woman ask a Magistrate for protection, the right to stay in the shared household, money, custody of children and compensation. Courts can pass interim orders quickly, and sometimes before hearing the other side.
Violence under the Act includes physical, sexual, verbal, emotional and economic abuse. You can speak to us in confidence before deciding anything.
Last updated 8 November 2026 · VIVS Legal, Sanpada-Vashi, Navi Mumbai
Legal lead: Adv. Swanand Pandit, Advocate, High Court of Bombay
- Law
- Protection of Women from Domestic Violence Act 2005
- Forum
- Magistrate, through an application under section 12
- Who can help you file
- Protection Officer, service provider or lawyer
- Applies to
- Women of all communities in a domestic relationship
- Emergency
- Call 112; Women Helpline 181
- Fees
- Contact us
On this page
What orders can the court make?
| Section | Order | What it does |
|---|---|---|
| 18 | Protection | Stops violence, contact, or entry to a workplace or school |
| 19 | Residence | Stops removal from the shared household, or orders other accommodation |
| 20 | Monetary relief | Pays expenses, medical bills, lost earnings and maintenance |
| 21 | Custody | Temporary custody of children |
| 22 | Compensation | For injuries, including mental distress |
| 23 | Interim or ex parte | Urgent orders while the case runs |
In Mumbai? Our guide on protection orders in Mumbai gives local steps.
Who can apply, and against whom?
Any woman who is or has been in a domestic relationship can apply. That includes a wife, a mother, a sister, a daughter and a woman in a relationship in the nature of marriage. The Supreme Court, in Prabha Tyagi v Kamlesh Devi (2022), said she need not have actually lived with the respondent in the shared household to seek relief.
The application can name the adult person in the relationship and relatives. After Hiral Harsora v Kusum Harsora (2016), it is no longer limited to adult males, so women relatives may be named too.
Can I stay in the home if it isn't in my husband's name?
Often, yes. In Satish Chander Ahuja v Sneha Ahuja (2020), the Supreme Court held that a shared household can include a home owned by in-laws where the woman lived in a domestic relationship. A residence right does not mean ownership, and the court balances the owner's position, including elderly in-laws.
How does this connect to criminal and divorce cases?
This Act is mainly about civil relief, granted through a Magistrate. Cruelty by a husband or his relatives is a separate offence under sections 85 and 86 of the Bharatiya Nyaya Sanhita 2023, in place of section 498A of the old Code. Orders can also interact with divorce, custody and maintenance cases, so plan them together. If one of you lives abroad, our NRI divorce pages explain the extra steps.
Documents to bring
- Dates and details of incidents, with messages, emails or recordings.
- Medical records and photographs of injuries, if any.
- Any police complaint, report of a Protection Officer or earlier court order.
- Proof of the shared household: rent or ownership papers, utility bills.
- Income proof of the respondent if monetary relief is claimed.
What decides the fee
- Agreed terms or a contested case.
- Interim applications along the way.
- How many hearings the case takes.
- A party abroad: service outside India, video hearings, a power of attorney.
- Court fees and stamp paper, paid at actuals.
We quote in writing once we have seen the papers. Call +91 8291849797 or book a consultation.
A case has been filed against you?
Take it seriously, and do not contact the complainant in a way that might breach an order. Bring the notice to a lawyer quickly, gather your records and comply with any interim order until a court changes it. We also act for respondents, because a fair hearing needs both sides properly presented.
This page is general information, not legal advice. If you or a child are in immediate danger, call 112 first. Every family's facts differ, and the law can change, so we check the current position on your matter.
Frequently Asked Questions
Still have a question?
Speak with our legal team about your matter with clarity and confidence.
Safety first: call 112 if you are in danger. Then you can approach a Protection Officer, a service provider, the police or a lawyer to file an application under section 12.
Yes, a Protection Officer or service provider can help. A lawyer helps with what to ask for and with presenting evidence, but it is not compulsory.
The Act protects women. A man facing violence may have other criminal or civil remedies.
Yes. Verbal and emotional abuse are covered, including insults and threats, as is economic abuse such as stopping money needed to live.
The Act asks courts to try to dispose of an application within 60 days from the first hearing, but in practice it often takes longer. Interim orders can come earlier.
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