A person can ask for a remedy or relief from the court when their rights have been violated. A domestic violence victim may suffer from physical, mental, emotional or other abuses. They can appeal, asking for relief for the damage caused to the victim. Relief can be monetary, non-monetary or both. This relief is provided to victims by a civil court. The relief must protect the victim from the offender and support them in starting a new life. Here is a list of reliefs a domestic violence victim can get under the Protection of Women from Domestic Violence Act, 2005:

Protection Orders

After hearing the argument from both sides and getting a judgement on whether domestic violence has taken place or will take place, a restraining order is issued, prohibiting the offender from causing any form of emotional, physical, mental, or other harassment. The protection order stops the offender from committing any more abuse and communicating with the woman and child. It also prohibits the offender from accessing joint bank accounts or property owned jointly or separately by both parties, causing violence to people associated with the victim or any other acts mentioned in the order.

Residence Orders

When the case is going on, if the magistrate passes a residence order, then the respondent must not disturb the shared household of the victim or the child of the victim. It prohibits an offender from removing the victim and her child from their shared household, even if it is not owned by her. On the contrary, the offender has to leave the house if so stated by the magistrate. It also stops the offender and his family from entering the place where the victim is residing. Magistrates may even tell the offender to give up his rights to the house, provide an alternate residence or pay rent for the same. If the situation requires it, the magistrate may give a restraining order against the offender from even meeting their child.

Monetary Reliefs

If the magistrate feels that the offender must pay monetary relief to the victim or her child for the loss they have suffered because of domestic violence, then such relief may include medical expenditure, loss caused due to destruction, etc. The monetary relief must be adequate and fair for the standard of living the victim is used to. According to the situation, the magistrate can order a lump sum or monthly maintenance payments. The order is sent to both the parties as well as the police station in the area. The offender has to make the payments as mentioned in the order. If they fail, then the magistrate may ask the employer or the debtor of the offender to make the payments directly into the victim’s account, which can be adjusted when the offender makes the payment.

Custody Orders

At any stage of the hearing, a magistrate may grant temporary custody of a child or children to the victim or a person who has made an application on behalf of her. The custody order also specifies the schedule for the offender to visit the child. If the visit will prove harmful to the child or victim, the magistrate will refuse to allow the visit.

Compensation Orders

In addition to all the other reliefs, if the victim makes an application for compensation, the magistrate passes an order that the offender must pay for damage and injuries to the victim. The injuries include mental and emotional torture caused by domestic violence.

The Protection of Women from Domestic Violence Act (2005) was created in place to protect women from abuse in their homes and to help them in reclaiming their independence after court procedures. Reliefs under this Act not only protect the victim but also her child since the offender may later abuse the child. Reliefs mentioned under this act compensate both monetarily and non-monetarily, like custody or restraining orders. So, if you are a victim, you can appeal in court for the relief you require against domestic violence.