Breaking the Silence: How domestic violence lawyers near me in Maharashtra help survivors
The place you call home should feel safe. But for many people, it becomes a place of fear. This article explains, in simple words, how the law in India protects victims, what the rules mean, and how domestic violence lawyers near me in Maharashtra can help especially if you live abroad or are an NRI. Read this if you want clear steps, quick options, and real help you can use right away.
What counts as domestic violence Lawyers Near Me
Many people think domestic violence is only physical. That is not true. Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), domestic violence is any abuse in a family or domestic relationship. This includes:
- Physical abuse: hitting, slapping, pushing, or hurting someone.
- Sexual abuse: forcing sexual acts or shameful sexual behaviour.
- Verbal and emotional abuse: name-calling, threats, humiliation, isolation, threats of suicide.
- Economic abuse: taking away money, stopping work, or blocking access to basic needs.
- Digital abuse: cyberstalking, sharing private content, or constant harassment online.
The law treats these as real harm. You don’t need a broken bone to ask for help.
Two kinds of legal help: civil and criminal
There are two ways the law helps you. One is civil law under PWDVA, which gives fast protection like a restraining order, money for expenses, or the right to stay in the home. The other is criminal law, which punishes the person who hurt you. Both routes can run at the same time.
Important criminal reform: the Bharatiya Nyaya Sanhita (BNS) changed some parts of the old criminal law. From July 1, 2024, BNS replaced the old Indian Penal Code for many offences. Section 85 of BNS deals with cruelty by husband or relatives (it replaces the old 498A) and makes emotional, physical, and dowry harassment criminal. Domestic violence lawyers near me in Maharashtra know how to use both PWDVA and BNS to protect you.
Key orders you can get under PWDVA
- Protection orders (Section 18): stop the abuser from contacting you, coming near you, or entering your workplace or kids’ school.
- Residence orders (Section 17 / Section 19 in some texts): let you live in the shared home even if you don’t own it, and can ask the abuser to move out.
- Monetary relief (Section 20): money for medical bills, loss of earnings, and immediate expenses.
- Custody orders (Section 21): temporary custody for children if needed for safety.
- Compensation (Section 22): payment for injuries or emotional harm.
Why local lawyers matter and what NRIs should do
Having a lawyer on the ground in Maharashtra speeds things up. A lawyer who works in the area knows the courts, local police stations, Protection Officers, and the faster ways to get orders.
If you live abroad, you can still act. Common steps NRIs use:
- Give a notarised Power of Attorney (POA) to a trusted lawyer or person in India. The lawyer prepares and files the POA and represents you in court.
- Use video hearings and e-filing. Many courts let NRIs join by video.
- Work with consulates or embassies when needed for custody or cross-border help.
Domestic violence lawyers near me in Maharashtra help prepare POAs, file urgent PWDVA petitions, get FIRs registered, and deal with banks, housing societies, and employers to stop harm fast.
Step-by-step plan if you or someone you know faces abuse
1. Stay safe now: If you’re in danger, call the police (112 or 100). Move to a safe place a friend’s house, relative, or shelter.
2. Preserve evidence: Save messages, photos, medical reports, bank statements, CCTV clips, and screenshots.
3. Call a local lawyer: Search for domestic violence lawyers near me in Maharashtra. They will explain PWDVA options, FIR steps, and POA for NRIs.
4. File a PWDVA complaint: The lawyer or Protection Officer files before the Magistrate to get protection, residence, and monetary orders quickly.
5. File an FIR if needed: For criminal acts like assault, sexual violence, or criminal intimidation, file an FIR. The lawyer guides both civil and criminal routes.
6. Follow hearings and enforcement: Attend or join virtually. The Protection Officer and police help enforce orders.
Who helps you besides the lawyer?
- Protection Officers: Appointed under PWDVA to assist survivors. They help file complaints, reach shelters, and liaise with police and courts.
- NGOs and shelters: Provide counseling, shelter, medical help, and legal aid.
- Police and cyber cell: Register FIRs, investigate crimes, and help with digital abuse complaints.
- National helplines: NCW WhatsApp 7827170170, NCW 10921, Childline 1098.
Evidence checklist lawyers collect
Good evidence speeds relief. Your lawyer will gather:
- Medical and hospital records (MLC) and photos of injuries.
- WhatsApp messages, emails, call logs, social media posts, and screenshots.
- Bank statements and transaction records showing economic control or forced transfers.
- Witness notes from neighbors, family, or colleagues.
- CCTV footage, audio/video clips, and police or Protection Officer reports.
- A diary of incidents with dates and times if possible.
How fast will the law act?
PWDVA is meant to give quick interim relief. Courts try to act fast on protection and residence orders. Actual time can vary by court load and city. Big benches in Mumbai, Pune, Nashik, Nagpur, and Thane often move matters quickly, and virtual hearings and e-filing have cut delays for NRIs.
Digital abuse and modern threats
Online harassment is real. Courts accept digital stalking or sharing private content as domestic abuse if it happens in a domestic setting. Lawyers work with cyber police to file complaints under cyber laws and coordinate digital probes.
What banks, societies, and employers should do
- Banks: Freeze suspect transactions when courts or police ask. Don’t release funds without proper orders.
- Housing societies: Follow court residence orders and don’t evict a protected person without a clear court order.
- Employers: Support victims with leave and safety; don’t force reconciliation, and cooperate with investigations.
Important court rulings to remember
- Indra Sarma v. V.K.V. Sarma (2013): Live-in partners can seek protection under PWDVA in some situations.
- Hiral P. Harsora v. Kusum Narottamdas Harsora (2016): Defined “relationship in the nature of marriage” and who can be a respondent.
- Satish Chander Ahuja vs. Sneha Ahuja (2020): Clarified “shared household” so a woman can claim residence rights even without ownership.
Top tips to pick the right lawyer in Maharashtra
- Choose someone with solid PWDVA and criminal law experience.
- Look for lawyers experienced with Protection Officers and local magistrate courts in Mumbai, Pune, Thane, Nashik, or Nagpur.
- Ask about POA handling, remote hearings, and liaising with consulates for NRIs.
- Check if they have handled cross-border custody, property freezes, or bank matters.
FAQs
1. How can an NRI file a complaint without coming to India?
Ans: Give a notarised POA to a trusted lawyer or person in India. The POA lets them file a PWDVA complaint and attend hearings. NRIs can join hearings online.
2. Which orders can courts pass?
Ans: Protection, residence, monetary relief, custody, and compensation orders under PWDVA.
3. Should I file an FIR or a PWDVA complaint first?
Ans: You can do both. PWDVA gives quick civil relief; file an FIR for criminal action. Lawyers often file PWDVA relief quickly while police register an FIR.
4. Can a live-in partner use PWDVA?
Ans: Yes, if the relationship meets the legal tests set by the courts.
5. Will BNS change my options?
Ans: PWDVA is the main civil law. BNS may change criminal definitions. Your lawyer will explain any effect on your case.
What friends and family can do
- Listen without judgment and believe the survivor.
- Help them reach a shelter, lawyer, or Protection Officer.
- Offer practical help like a safe place to stay, money, or company at the police station or court.
- Respect their choices and support their decisions at every step.
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