Handling Domestic Violence Cases
India takes allegations of domestic violence very seriously. If you are suffering from domestic abuse or if you are being accused of abuse, you should hire an attorney to help you handle this delicate issue - even if the Police officer says that you don't need one.
If you believe you are in imminent danger, you should call the police right away. Call 100!
What is a Protective Order and How Do I Get One?
A victim of domestic violence can get an order for protection in India. During work hours you can go to either the District Court or Respective Court and obtain an ex parte Temporary Protective Order.
What Happens After the Temporary Protective Order is Granted?
Allegations of domestic violence set off a fairly rapid legal process: Your case will have its final hearing within a definite time line from the time a Temporary Protective Order is granted. At the hearing, the judge will decide whether to issue a final Protective Order that will make it illegal for the alleged abuser to have contact with the complainant, and if appropriate to the case, put the alleged abuser out of the family home, grant custody of the children, set a visitation schedule with the children, and establish emergency family maintenance.
Domestic Violence Allegations Can Impact Divorce and Custody Cases
Many cases that begin with allegations of domestic violence end up ultimately resolving through divorce or child custody litigation. If one party has been found to have committed assault or abuse, it can have a strong influence on the judge's perception of that party and may affect any decisions made regarding:
Marital Property Division
Child Custody and Visitation
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