Domestic Violence / Alimony Lawyers in Chennai
It is the violence suffered by a woman by the men of their family or relatives. The violence such as physical, sexual, economic harassment, emotional, or psychological.
To protect women from this domestic violence, the most recent legislation is "The protection of women from Domestic Violence Act" (PWDVA),2005. Visit Lawyers is always there to help you give a legal solution as we have extraordinary advocates.
Domestic Violence Act (PWDVA),2005
The parliament of India enacted this law to protect women from domestic violence. The domestic violence brought the act into force on 26 October 2006. This act defines that this act includes only physical violence and some other forms of violence such as sexual, verbal/ emotional, economic abuse, etc.
This act protects women from violence within their relationships by adoption, relationships by blood, relationships by marriage, and even protection from the relationships like marriage.
Procedure to apply domestic violence
1. The women who have been affected by domestic violence or the victim of domestic
violence should give a complaint to the local police officer. They should
acknowledge the complete offense that happens to them. They can provide complaints
to the protection officer or the service provider or directly to the Magistrate.
2. The Magistrate shall call upon the victims for the commencement of the hearing
within three days of the complaint being filed.
3. The Magistrate will issue the notice with the date of hearing to the protection
officer, who will send the notice to the accused person.
4. From the date of the first hearing, the court will dispose of the case within
sixty days.
5. The proceeding can be done via video conferencing when you not able to present
physically.
6. The court will pass the following orders when the court is satisfied that a filed
case is a genuine domestic violence case. The accused person has committed the
offense only after conducting the hearing of the case. The order is
Protection order
Residence order
Monetary relief
Child’s custody
Compensation order
This protection order can be claimed before the final judgment is passed.
Residence orderIf you have no other place to stay or for any other reason, then you can prevent the accused person from dispossessing from your matrimonial home.
Monetary orderYou can ask for monetary relief from the accused person to your medical expenses for the injury that happened to the person during harassment. It also includes the loss of earnings, the loss caused during destruction, removal, or damage of any property during the harassment.
Child’s custodyThe temporary custody of the child can be given to the person making the application by the court.
Compensation orderThe court can pass the order directing the accused person to pay the compensation for the injuries or damages that occur during the harassment. The harassment can include mental torture, emotional distress, financial harassment.
Punishment for the domestic violence
After passing the order, the court will give the punishment. The punishment can be imprisonment for three years with a fine.
If the order is not satisfied for you, you can appeal against the declaration within thirty days from the date in the hierarchy is passed by the court.
The procedure for the domestic violence act is not easy as we think. So, you should need legal help from the experts. If you search for the best domestic violence lawyer, then your search ends here. We Visit Lawyers is always there for you to give a legal solution. We have the expertise and experienced lawyers to handle any type of problem.
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