Best Domestic Violence Lawyers in Ernakulam

About Domestic Violence Law in Ernakulam, India

Domestic Violence in Ernakulam, India, is governed under a uniform national legislation called "The Protection of Women from Domestic Violence Act 2005 (PWDVA)". This Act recognizes the rights of women to live free from violence and abuse within the private sphere of the home. It not only penalizes acts of physical abuse, but also extends to other forms of violence, like emotional or psychological harm, and economic abuse. Despite having such a comprehensive law, the actual incidence of domestic violence remains high in Ernakulam like any other part of the country due to social cultural factors.

Why You May Need a Lawyer

Individuals facing domestic violence may need a lawyer for several reasons. The complexities of the legal process, from filing a complaint to navigating through trial procedures, can be daunting. A victim might not be aware of all of their legal rights, and a skilled lawyer can help in understanding these rights and protections. Furthermore, a lawyer can assist in obtaining relief measures like protection orders, custody orders, or monetary relief orders provided under the PWDVA. Also, a lawyer can provide representation during proceedings and negotiate on behalf of the victim.

Local Laws Overview

The domestic violence laws relevant to Ernakulam, India encompass various types of abuse. The Act identifies not just physical abuse, but also sexual, verbal, emotional, and economic abuse as domestic violence. Moreover, it extends beyond the marital relationship, covering relationships through consanguinity, marriage, adoption, and even a relationship in the nature of marriage. It empowers the magistrate to pass protection orders to prevent the abuser from committing further domestic violence. Orders can also be issued for residence, monetary relief, custody of children, and compensation.

Frequently Asked Questions

1. What is considered domestic violence under the Domestic Violence Act?

The Act broadly recognizes any act, omission or commission or conduct of the respondent that harms or injures or endangers the health, safety, life, limb or well-being of the aggrieved person as domestic violence. This includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.

2. Can men file a case under the Domestic Violence Act?

No, the Act is specifically designed for the protection of women from all kinds of abuses within domestic relationships. However, men facing domestic violence can seek protection under the general provisions of the Indian Penal Code.

3. How can I file a domestic violence complaint in Ernakulam?

You can submit a written complaint to the Protection Officer appointed by the state or to the nearest police station. The complaint should describe the incident(s) of domestic violence in detail.

4. What happens after I file a complaint?

The Protection Officer or the police will assist you in getting access to a shelter home or medical facility if required. They will also guide you through the legal process, and an application will be filed before the magistrate for obtaining orders under the Act.

5. What are Protection Orders under the Act?

Protection Orders are instructions issued by the court to stop the respondent (accused) from committing any form of violence or having any contact with the victim. In violation of these orders, the respondent can be penalized with imprisonment and/or fine.

6. Can I get custody of my children?

The PWDVA allows the magistrate to grant temporary custody of child/children to the victim during the pendency of the case. However, the final determination of custody will be based on the best interest of the child.

7. How long does a domestic violence case take to conclude?

The duration of a case varies depending on the complexity. However, the Act mandates that every case under it should be disposed of within 60 days from the date of its first hearing.

8. Can a woman be evicted from the shared household?

No, the PWDVA prohibits any form of eviction of the aggrieved woman from the shared household, irrespective of whether the house is owned by her or not.

9. Does the Act provide for the aggrieved person's financial security?

Yes, the act provides for monetary relief to meet the expenses incurred as a result of the domestic violence, including loss of earnings, medical expenses, maintenance for the victim and her children, and loss or damage to property.

10. Are incidents of verbal and emotional abuse treated seriously under the Act?

Yes, the PWDVA identifies verbal, emotional, and economic abuse as serious forms of domestic violence.

Additional Resources

The National Commission for Women (NCW) and National Legal Services Authority (NALSA) offer support and resources. There are also numerous NGOs such as Sakhi Women's Resource Centre in Ernakulam, which provide assistance and support to victims of domestic violence.

Next Steps

If you need legal assistance in Domestic Violence, start by contacting a lawyer who specializes in this area. They can guide you on reporting the incident, obtaining protective orders, and taking the matter to court if necessary. Reach out to support organizations who can provide the help and resources you need to navigate this difficult situation. Stay strong and remember, it's your right to live a life free from violence and abuse.