Question- Who can make a complaint of domestic violence?

Related Short Answer Question

1. Who has the right to complain about domestic violence?

2. Who are the service providers?

Answer -

A woman may approach the ‘Protection Officer’ or ‘Service Provider’ under this Act as a compensation. A Protection Officer is the first point of contact for the victim. The Protection Officer can help initiate proceedings before a magistrate and provide a safe haven or medical aid. Each state government appoints a ‘Protection Officer’ in its state. ‘Service Provider’ is an organization that works to help women and is registered under this law. The victim can approach the service provider to register her complaint or get medical help or a safe place to live. A database of all registered security officers and service providers in India is available here. The police officer or magistrate can also be contacted directly. You can also approach the Magistrate – First Class or Metropolitan Magistrate, but which area magistrate to contact depends on you and the place of residence of the respondent. In cities with a population of more than one million, there may be a need to approach the Metropolitan Magistrate in general.

Apart from the security officer, the victim can also contact the ‘Service Provider’, the service provider, the victim herself can make a complaint. Even if you are not the victim, you can contact the Protection Officer. Any person who for any reason believes that an incident of domestic violence has happened or is about to happen or who has a suspicion that such an incident may take place, may notify the Protection Officer. If you have done this work in good faith, then action will not be taken against you even if the information is not confirmed. Registers a complaint, prepares a ‘Domestic Violence Incident Report’ and informs the Magistrate and Protection Officer.

If you want permanent solution to your problems, you can go to court. The judges responsible under this act are called magistrates.

The victim need not apply herself; it can be done through Protection Officer or Service Provider. It is necessary that the Magistrate should take into account the facts of the first complaint lodged by the Protection Officer or the Service Provider.

In addition to the complaint under this Act, the victim can also file a civil case in the court. If the victim also files a civil case and she has been paid any amount under the Domestic Violence Act, the magistrate will deduct this amount from the amount fixed in the civil case.

It is the responsibility of the Magistrate to initiate proceedings on the case within three days from the date of receipt of the application. After the commencement of the case, the Magistrate has to try to dispose of the case within a maximum period of 60 days.

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