Cases of Domestic Violence: Ensuring Your Safety and Rights

At AK Legal Mantra, we believe strongly against domestic violence in any form. Physical abuse, emotional control, or financial domination are just not acceptable, and no one deserves to be victimized by violence at home. If you are suffering from domestic violence or know somebody who is, then our professional team of lawyers is here for your help to guide you through the legal options available so that your rights are safeguarded, and justice is delivered.

What is Domestic Violence?

Domestic violence means any pattern of abusive behavior in domestic settings by intimate partners or family members. It encompasses not only physical violence but also emotional, psychological, verbal, sexual, and economic abuse. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) offers a legal shield to women suffering from domestic violence in India.

Important types of domestic violence are:

  • Physical Abuse: Beating, slapping, kicking, or any other physical assault.
  • Emotional/Verbal Abuse: Threats, belittling, intimidation, or constant put-downs.
  • Sexual Abuse: Any non-consensual sexual act or coercion.
  • Economic Abuse: Controlling money, preventing work, or limiting financial freedom.

How AK Legal Mantra Can Assist Domestic Violence Cases

  • Registering Complaints and Legal Protection Orders:
    Our experts assist victims of domestic violence in lodging complaints against their abusers under the Protection of Women from Domestic Violence Act (PWDVA). We assist in obtaining protection orders to stop the abuse and residence orders to keep the victim safe in their home or arrange for a safe place.
  • Seeking Maintenance and Compensation:
    The victims are entitled to claim maintenance (economic assistance) and damages for any harm suffered. We assist you in making maintenance applications under Section 20 of the PWDVA so that you receive economic assistance at this challenging juncture.
  • Granting Temporary Custody:
    If children are part of the situation, we help in obtaining temporary custody orders for the protection of the well-being and safety of the children pending legal proceedings. The best interests of the child will be taken into consideration by the court, and we strive to protect your parental rights.
  • Counseling & Mediation:
    In some situations, we can suggest counseling or mediation as a solution to resolve the issue of domestic violence, particularly if there are hopes of reconciliation. We assist in tracing all avenues to guarantee your safety and welfare.
  • Criminal Proceedings and FIR Filing:
    In case of domestic violence involving criminal activity, we help you register an FIR (First Information Report) against the perpetrator, resulting in a police investigation and potential criminal charges. We cooperate with law enforcement to ensure the abuser is brought to justice.
  • Enforcing Court Orders:
    Once a court makes an order of protection, maintenance, or custody, we assist in enforcing such orders in case of violation, so that the rights of the victim are protected and the abuser is made to face legal ramifications.

Why Choose AK Legal Mantra for Domestic Violence Cases?

At AK Legal Mantra, we are strongly passionate about offering full legal assistance to domestic violence victims. We believe in empathy and ensure that each victim is provided with the care, respect, and legal protection they need.

  • Empathy and Understanding: We treat each case with extreme sensitivity, creating a secure and caring environment for victims to voice their worries.
  • Expert Legal Services: Our seasoned legal professionals have in-depth knowledge of domestic violence legislation and the nitty-gritty of the Protection of Women from Domestic Violence Act.
  • In-Depth Support: From lodging complaints to implementing protection orders, we provide holistic legal services, taking care of your safety and well-being while navigating the legal system.
  • Confidentiality: We manage your case with utmost confidentiality, safeguarding your privacy and dignity at all stages.

FAQs

1. What is the Protection of Women from Domestic Violence Act?
The PWDVA is a legislation which gives protection and relief to women victims of domestic violence. It provides for protection orders, maintenance, residence orders, and child custody.

2. Are men allowed to file complaints under Protection of Women from Domestic Violence Act?
No, the PWDVA is specifically aimed at protecting women against domestic violence. Men who are victims of violence can however seek legal protection under other legislation.

3. How do I establish domestic violence in court?
Medical records, injury photographs, witness testimony, and police reports can be used to establish the presence of domestic violence. Our attorney assists you in collecting and presenting such evidence effectively.

4. What do I do if I am currently under immediate threat of domestic violence?
If you are at imminent risk, call the police or a helpline for emergency intervention. We can also assist you in applying for protection orders for emergency relief.

5. Can I get divorced on grounds of domestic violence?
Yes, domestic violence is a justifiable reason for divorce. We can assist you through the legal process for divorce and separation with your safety and financial security ensured.