Chapter 24: Domestic Violence Legal Aspects

Domestic Violence

Domestic Violence

includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional, and economic nature that can harm, cause injury to, or endanger the health, safety, life, limb, or wellbeing, either mental or physical of the aggrieved person.

physical violence

Among the variety of_____ observed, pushing, shoving, slapping, punching, choking, kicking, holding, binding, assault with weapons are frequent.

Physical Abuse

This includes threats of physical harm to the patient or others, intimidation, coercion, degradation and humiliation, false accusations, and ridicule.

Sexual Abuse

This may include nonconsensual or painful sexual acts.

Physical Abuse

• An act or conduct causing bodily pain, harm, or danger to life, limb, or health;

• An act that impairs the health or development of the aggrieved person;

• An act that amounts to assault, criminal intimidation and criminal force.

Sexual Abuse

Any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of a woman.

Verbal and Emotional Abuse

• Any insult, ridicule, humiliation, name-calling;

• Insults or ridicule for not having a child or a male child;

• Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

Economic Abuse

Depriving the aggrieved person of economic or financial resources to which she is entitled under any law or custom or which she acquires out of necessity such as household necessities, stridhan, her jointly or separately owned property, maintenance, and rental payments.

Right to reside in a shared household

The Act secures a woman’s right to reside in the matrimonial or shared household even if she has no title or rights in the household.

Right to obtain assistance and protection

A woman who is victimised by acts of domestic violence will have the right to obtain the services and assistance.

Protection Orders

These are passed to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.

Residence Orders

This order ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, she is provided an alternative house by the respondent if she so requires, the respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to her.

Monetary Relief

The respondent can be made accountable for all expenses incurred and losses suffered by the aggrieved person and her child due to the infliction of domestic violence.

Custody Orders

This order grants temporary custody of any child or children to the aggrieved person or any person making an application on her behalf.

Compensation Orders

The respondent may be directed to pay compensation and damages for injuries caused to the aggrieved person as a result of the acts of domestic violence by the respondent

Interim and Ex parte Orders

Such orders may be passed if it is deemed just and proper upon commission of an act of domestic violence or likelihood of such commission by the respondent.

Protection Officers

They provide assistance to the court in preparing the petition filed in the magistrates office, also called a Domestic Incident Report.

Service Providers

These refer to organizations and institutions working for women’s rights, which are recognized under the Companies Act or the Societies Registration Act.

Counselors

They help in assisting parties during proceedings.

Welfare experts

They are appointed for assisting in discharging functions.

In-charge of Shelter Homes

The person in charge of a shelter home shall provide shelter to the aggrieved person in the shelter home upon request made by the aggrieved person.

In-charge of Medical Facilities

The person in charge of a medical facility shall provide medical aid to the aggrieved person upon request made by the aggrieved person.

US jurisdictions

In all _____, the victim of domestic violence can obtain by statute a Civil Protection Order (CPO).