Best Domestic Violence Lawyers in New Delhi

About Domestic Violence Law in New Delhi, India:

Domestic Violence refers to any form of physical, sexual, emotional, or economic abuse that occurs within a domestic setting. In New Delhi, India, domestic violence is a serious offense and is addressed under the Protection of Women from Domestic Violence Act, 2005. This law aims to provide legal remedies and protection to women who are victims of domestic violence. It also covers other individuals, such as men and children, who may be victims of domestic violence.

Why You May Need a Lawyer:

There are various situations in which you may require the assistance of a lawyer in cases of domestic violence. Some common instances include:

• Seeking legal protection or restraining orders against an abusive spouse or family member.
• Filing a complaint against the abuser with the appropriate authorities.
• Ensuring child custody and visitation rights if you are a victim of domestic violence and seeking separation or divorce.
• Understanding your rights and legal options as a victim of domestic violence.
• Collecting evidence and building a strong case against the abuser.

Local Laws Overview:

The key aspects of local laws relevant to domestic violence in New Delhi, India include:

• Protection of Women from Domestic Violence Act, 2005, which defines domestic violence and provides protection, monetary relief, and custody rights to victims.
• Indian Penal Code, which criminalizes various acts of domestic violence and provides penalties for the same.
• Legal Services Authorities Act, 1987, which guarantees free legal aid to victims of domestic violence who cannot afford legal representation.

Frequently Asked Questions:

Q: What actions can be considered as domestic violence under the law?

A: The law covers a range of actions, including physical abuse, sexual violence, emotional abuse, verbal abuse, economic abuse, harassment, and stalking.

Q: Can men also avail protection under the domestic violence law in New Delhi?

A: Yes, the law recognizes that men can also be victims of domestic violence and provides them with the same legal protections.

Q: How can I seek legal help if I cannot afford a lawyer?

A: You can approach the Legal Services Authority in your district, which provides free legal aid and representation to individuals who cannot afford it.

Q: How long does it take to get a restraining order against an abuser?

A: The time it takes to obtain a restraining order can vary depending on the specifics of your case. It is best to consult with a lawyer for guidance on the timeline.

Q: Can I file a complaint against the abuser without involving the police?

A: Yes, you can directly file a complaint with the Magistrate or Protection Officer under the Protection of Women from Domestic Violence Act, 2005, without involving the police.

Additional Resources:

• Delhi Commission for Women - https://www.dcw.delhigovt.nic.in/
• National Commission for Women - https://ncw.nic.in/
• Legal Services Authority, New Delhi - https://dslsa.org/

Next Steps:

If you are a victim of domestic violence and need legal assistance, it is important to take the following steps:

1. Ensure your safety and the safety of any dependents.
2. Document evidence of the abuse, such as taking photographs, keeping records of incidents, and collecting witness statements if possible.
3. Consult with a lawyer or approach the Legal Services Authority in your district to understand your legal rights and options.
4. File a complaint or seek a restraining order, based on the advice of your lawyer.
5. Follow through with legal proceedings and cooperate with the authorities to ensure your case is pursued.