How to File a Domestic Violence Complaint in Chandigarh
How to File a Domestic Violence Complaint in Chandigarh: Domestic violence is a serious issue and one of the most common abuses that happens in Indian households, with both men, children, and women, but mainly with women. The abuse can happen in any way: physical, verbal, emotional, sexual, and economic in a relationship or marriage. Majorly, it happens to show dominance in the household or affect the other person’s way of living according to their likes or dislikes, and sometimes it can lead to so many health issues and mental issues; sometimes domestic abuse turns so violent that it can cost the life of a victim by excessive physical torture or self-harm.
To prevent all this from happening, the Parliament passed the Protection of Women from Domestic Violence Act, 2005. It ensures the safety of the victim, gives the right to reside in her parents’ house, the judgment will be given within 60 days, and will also provide financial support. The government also assigns an expert to the victim who will guide them on how to fill out complaints, necessary procedures, and protection until the end of the hearing. This is a detailed blog on how you can file a domestic violence complaint with the expert guidance of Advocate Amit Gupta.
Why Is It Important to Report Domestic Violence?
It is very crucial to report domestic violence to protect the victim from the abuse they are going through every day and also to protect the victim’s life. By filing a domestic abuse report, it makes domestic abuse a legal matter in which the law enforcement department will get involved and take appropriate actions against the offender/abuser.
Every so often, the victim is too afraid to come forward and raise their voice against the abuser, as it can affect their social image, their financial condition, and their stress about the future of their kids. However, hiding the abuse can cause future harm and lead to something irreversible. Once the victim reports the domestic abuse case, he/she will get the protection of the law, and all the facilities and legal support will be provided to them.
Who Can File a Domestic Violence Complaint in Chandigarh?
Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), any woman who has gone through domestic abuse by a close one with whom she shares a tie or bond. Below is a list of eligible women who can file a domestic violence complaint in Chandigarh.
Married Women:
A woman who is newlywed or already married, facing physical, psychological, economic, and sexual abuse from her husband and in-laws, can file a domestic abuse case.
Women in Live-in Relationships:
Nowadays, people are living in relationships together without getting married, and if a woman faces some kind of abuse in a relationship, she can surely file a report under domestic violence.
Divorced or Separated Women:
Even after the separation, a woman can file a domestic abuse case if it is already impacting or affecting her current life.
Mothers, Sisters, Daughters, and Other Female Family Members:
Any female member of the same household who is suffering from domestic violence, if she is a mother, sister, daughter, daughter-in-law, or anyone abused by their male family member or relatives, can file a case.
What Kind of Abuses Are Considered Domestic Violence?
Several kinds of violence or abuse come under domestic violence. Below is the list:
Physical Abuse:
It is very severe and can cause physical damage to the victim in the form of injury, bleeding, or body pain. It is a way to redirect their anger and show their dominance by showing their so-called strength.
Emotional and Verbal Abuse:
Yes, emotional and verbal abuse is also considered domestic abuse because it can have a psychological impact on the victim. Some scars are not visible, but they stay inside our hearts and minds and break us to the point where people self-harm.
Sexual Abuse
Sexual abuse is any kind of act toward a victim, like unwanted sexual acts, behaviors, and teasing by a person without any consent. It majorly affects victims mentally for the long term.
Economic Abuse
Economic abuse mainly happens to make one partner in a relationship totally financially dependent on their spouse, taking away their freedom and access to money, and they get trapped in a cage where they can’t leave or do anything. Sometimes in-laws force the bride to ask for money (dowry) from her parents as well.
Where Can You File a Domestic Abuse Complaint in Chandigarh?
There are so many authorities or mediums by which a victim can file or report a domestic abuse complaint in Chandigarh.
Chandigarh Police
The fastest and safest option to file a domestic abuse case is visiting the police station immediately, and the police will handle the case on their own afterward. The police will investigate the matter and then proceed further with legal actions against the abusers.
Protection Officer
The Women’s Protection Act helps victims in preparing and filing of the case, and one special officer will be appointed to provide victim safety, medical treatment, shelter, and legal support throughout the case.
Judicial Magistrate Court
After filing the case, you can submit the request before the magistrate for aid. The judicial magistrate court has the power to grant a protection order for the victim and also can grant the victim financial aid and residential aid as well.
Women’s Helpline
There is an online portal, NCW, available 24/7 for women where they can fill out any kind of domestic violence they are facing from anywhere without visiting a police station. This also links it with police, one-stop centers, and medical care in case of emergency.
An Advocate
A legal expert who has handled multiple domestic violence cases can assist you through all the steps that you require to do, also prepare legal documents, and take a stand for you in the courtroom. Asking an expert lawyer, such as Advocate Amit Gupta, at the early stage can assist you a lot, avoid any kind of damage, and also make sure you will get justice.
What are the documents required to file a domestic abuse case?
There is no such mandatory list of documents that are required to file a domestic abuse case. However, just to make the case or appeal strong, there are a few necessary documents that you need to have with you.
Identity Card and Residence Proof: Having identity proof and residence proof confirms your identity and current residence, for example, your Aadhaar card, PAN card, voter card, and Passport.
Marriage Certificate: It is good to have a document if you are filing the case against your spouse; for example, a marriage certificate. If you don’t have it, you can show your joint account in the bank or wedding photos.
Medical records: You can keep medical records in case of physical assault, injuries, and violence, as it increases the stronghold of the case in court.
Online records: You can also save the online evidence like photos, videos, audios, threatening texts, or pressuring to ask for money.
Conclusion
Domestic abuse/violence is a matter that we still hide, even knowing that it can cause long-term damage to our bodies and minds. But that is where we encourage the abuser to exploit us more until it’s unbearable. That’s where the domestic violence legal acts come forward to protect us, aid us financially and residentially, and give us justice from the ill treatment. It is also important that we don’t stay silent for too long and take action as soon as possible so abusers like them will be afraid of the law. If you are looking for an experienced advocate in Chandigarh, Advocate Amit Gupta can be a good choice in these matters, as he has already handled domestic abuse cases and can also guide you legally through the whole procedure and protect your legal rights.
