DV Lawyer Delhi | Protection Order

PROTECTION OF WOMEN FROM DV ACT, 2005

DV Lawyer in Delhi

Compassionate and effective legal representation for victims of DV, ensuring safety and justice.

DV is a grave violation of human rights that affects countless women and their families. The Protection of Women from DV Act, 2005 (DV Act) provides comprehensive civil remedies to protect women from dom VC in all its forms - physical, emotional, verbal, sexual, and economic abuse.

At Advocate Naveen Deo & Associates, we understand the trauma and fear that victims of DV experience. Our approach combines legal expertise with compassion, providing victims with the support they need while aggressively pursuing their legal rights. We help women obtain protection orders, secure residence rights, claim monetary relief, and ensure their safety and dignity.

We also provide defense services for those falsely accused under the DV Act, ensuring that the law is not misused while protecting genuine victims.

Compassionate Approach

Emergency Relief Available

Confidential Consultations

Experienced in DV Act Cases

UNDERSTANDING THE LAW

What Constitutes DV?

Physical Abuse

Any act or conduct causing bodily pain, harm, or danger to life, limb, or health. Includes assault, criminal intimidation, and criminal force.

Emotional/Verbal Abuse

Insults, ridicule, humiliation, name calling, threatening to cause physical pain, repeated threats to cause harm to any person in whom the aggrieved person is interested.

Sexual Abuse

Any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman. Includes forced sexual intercourse and sexual harassment.

Economic Abuse

Deprivation of economic or financial resources, prohibition from employment, not providing basic necessities, and disposing off household assets without consent.

LEGAL REMEDIES

Remedies Under the DV Act

Protection Orders

Protection orders prohibit the respondent from committing any act of DV. The court can:

Prohibit respondent from committing violence
Prevent entering aggrieved person's workplace
Stop communication with the victim
Prohibit alienation of shared household assets
Stop causing violence to dependents or relatives
Any other order necessary for safety

Residence Orders

Residence orders protect the right of a woman to live in the shared household, regardless of her ownership rights:

Restrain respondent from dispossessing victim
Restrain respondent from entering victim's portion
Direct respondent to remove himself from shared household
Restrain respondent from alienating property
Direct respondent to secure alternate accommodation
Direct respondent to pay rent for alternate accommodation

Monetary Relief

The court can direct monetary payments to meet expenses and losses suffered by the victim:

Loss of earnings
Medical expenses
Loss due to destruction of property
Maintenance for victim and children
Expenses for litigation
Any other monetary loss suffered

Custody Orders

The court can grant temporary custody of children to the aggrieved person:

Temporary custody to mother
Visitation rights arrangements
Restraining respondent from meeting children
Protecting children from violence
Orders for child's education and welfare
Preventing removal of children

Compensation Orders

In addition to other reliefs, the court can direct compensation for injuries:

Compensation for physical injuries
Compensation for mental torture and agony
Compensation for emotional distress
Punitive damages against respondent
Legal costs and expenses
Compensation under Section 22

Emergency/Interim Orders

In urgent situations, the court can pass interim orders ex-parte (without hearing other side):

Immediate protection order
Ex-parte residence order
Emergency monetary relief
Temporary custody arrangements
Police protection directions
Any urgent interim relief

ELIGIBILITY

Who Can File Under DV Act?

Aggrieved Person

Any woman who is or has been in a domestic relationship with the respondent and has been subjected to DV. This includes:

Wife (including ex-wife)
Live-in partner
Sister, mother, widow living in joint family
Any woman living in household

Who Can File on Her Behalf

Application can also be filed by:

Protection Officer
Service Provider
Any other person on behalf of aggrieved woman
Aggrieved woman herself

Against Whom (Respondent)

Complaint can be filed against:

Husband or male live-in partner
Relatives of husband/partner
Female relatives also if involved
Any adult member of the household

FREQUENTLY ASKED QUESTIONS

DV FAQs

The DV Act provides civil remedies. Cases are heard by the Magistrate Court but the proceedings are civil in nature, not criminal. However, breach of protection order is a criminal offence punishable with imprisonment up to one year and/or fine up to Rs. 20,000. Additionally, victim can also file criminal cases under Section 498A IPC separately.

Yes, the DV Act provides for ex-parte interim orders which can be obtained immediately without notice to the respondent in urgent cases. The court can pass immediate protection orders, residence orders, and even monetary relief on an urgent basis if there is prima facie case of DV.

Yes, under the DV Act, an aggrieved woman has the right to reside in the "shared household" irrespective of whether she has any title or beneficial interest in the property. The court can pass a residence order protecting this right and even direct the husband to vacate the shared household.

Evidence can include medical reports of injuries, photographs, messages/recordings showing abuse, witness statements, complaint to Protection Officer, previous police complaints, and the woman's own testimony. Courts understand that domestic violence often occurs in private and give due weight to the victim's testimony.

Yes, the DV Act covers women in live-in relationships who are in a "relationship in the nature of marriage." Courts have interpreted this to include women who have lived with a man for a reasonable period, sharing a household in circumstances similar to marriage. However, casual relationships may not qualify.

We also represent respondents in DV cases. If you've been falsely accused, defenses include proving lack of DV, showing that allegations are fabricated, counter-evidence, and demonstrating malicious intent. Courts are cautious about misuse and consider all evidence before passing orders.

DV Cases