Anonymous (Private company) 16 May 2025

Domestic violence case - seeking protection order

Hello,

I'm seeking legal guidance on a domestic violence case involving my sister. Her husband, under the influence of drugs and alcohol, has been emotionally abusing her with verbal death threats. They have a 3-year-old son together. I want to file a complaint and obtain a protection order against him. Could experienced lawyers please share insights on the legal procedures, documentation, and process for availing a protection order under the Protection of Women from Domestic Violence Act, 2005? Any guidance on navigating this sensitive case would be greatly appreciated.

Specific Queries:

1. What are the necessary documents required for filing a complaint?
2. How can we ensure the protection order is enforced effectively?
3. Are there any specific considerations for cases involving minor children?

I look forward to your valuable advice and experiences.

Thank you

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3 Replies

Dr. J C Vashista (Advocate ) 16 May 2025

You asked, inter alia, that,

Q 1 "What are the necessary documents required for filing a complaint?"

Ans: Aadhar Card, marriage photgraph, individual (complainant's) photo and any proof of committing violence on the aggrived person i.e., your sister in this case.

Q 2. "How can we ensure the protection order is enforced effectively?"

Ans: The Trial Court / concerned Magistrate shall consider facts and circumstances and pass necessary protection order(s).

However, it is a subjective question.

Q 3. "Are there any specific considerations for cases involving minor children?"

Ans: It depends upon circumstances of each case.

Real Soul.... (LEGAL) 16 May 2025

Why don' you file complaint in police station, they will drag them up. Or just file complaint before judicail magistrate . It is very serious offence,