Family and matrimonial
Domestic violence application format under Section 12 of the DV Act
How an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is drafted: the reliefs available under Sections 18 to 22 and the Domestic Incident Report.
An application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is filed by an aggrieved woman before the Judicial Magistrate of the first class, seeking one or more of the reliefs in the Act: a protection order under Section 18, a residence order under Section 19, monetary relief under Section 20, custody under Section 21 and compensation under Section 22. The application should describe the acts of domestic violence with dates, establish the domestic relationship and shared household, and annex the Domestic Incident Report where one has been recorded.
- Governed by
- Sections 12, 18, 19, 20, 21, 22 and 23, Protection of Women from Domestic Violence Act, 2005
- Protection of Women from Domestic Violence Rules, 2006
- Where it is filed
- The Judicial Magistrate of the first class within whose jurisdiction the aggrieved person resides, the respondent resides or carries on business, or the cause of action arose.
- Who files it
- The aggrieved woman, a Protection Officer, or any person on her behalf.
- Languages PleadEasy drafts this in
- English, Hindi, Tamil, Malayalam
What a domestic violence application must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The Magistrate's court, the aggrieved person, and each respondent with address.
2.Domestic relationship
The relationship by marriage, consanguinity, adoption or a relationship in the nature of marriage, and the shared household.
3.Acts of domestic violence
Physical, sexual, verbal, emotional and economic abuse, particularised with dates, places and the person responsible for each act.
4.Domestic Incident Report
The report recorded by the Protection Officer or service provider, annexed where available.
5.Reliefs claimed
Protection order, residence order specifying the premises, monetary relief with a working of expenses and losses, custody, and compensation, each with the facts supporting it.
6.Interim relief
The ex parte or interim relief sought under Section 23 pending disposal, with the urgency pleaded.
7.Supporting affidavit
The affidavit in the form prescribed by the DV Rules, 2006, with medical records, photographs and complaints annexed.
Mistakes that get this document returned
- General allegations of harassment without dated incidents attributed to a named respondent.
- Not claiming a residence order where the aggrieved person has been excluded from the shared household.
- Impleading distant relatives without pleading their specific acts.
- Not seeking interim relief under Section 23, leaving the applicant unprotected during the proceedings.
Frequently asked questions
What reliefs can be claimed under the DV Act?
A protection order under Section 18, a residence order under Section 19, monetary relief under Section 20, custody orders under Section 21, and compensation for injuries including mental torture under Section 22, besides interim and ex parte relief under Section 23.
Is a DV Act proceeding civil or criminal?
The proceeding before the Magistrate is civil in nature and the reliefs are civil, though breach of a protection order under Section 31 is an offence.
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Related formats
Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.