Legal Notice for Domestic Violence

Legal Notice for Domestic Violence

Legal Notice for Domestic Violence

Table Of Content

One of the serious issues in most of the households in India is Domestic Violence. To overcome  the problem effectively, Legal provisions allow victims to act against the perpetrators. Serving  a Legal Notice for Domestic Violence is a crucial step in this process, which ensures that the  grievances of the victim are formally addressed, and actions are taken to punish the offender. 

What is Domestic Violence?

Domestic Violence refers to an act, omission, commission, or conduct of any form of abuse, coercion, harm, or injuries within a domestic relationship. The abuse can be in various forms  which aims to establish control or dominance over the victim, leaving a long-lasting impact on  their mental and physical health. 

What are the different Types of Domestic Violence?

Domestic Violence is often confused with physical abuse, but it extends to several other forms of harm, which are often considered Legal terms for domestic abuse, that jeopardise the well being, dignity, and rights of the aggrieved person. The types of Domestic Violence that are  recognised are as follows:

Types Of Child Domestic Violence
  1. Physical abuse– It involves any act that causes harm to the life, limb, or health of the  aggrieved person. This includes assault, criminal intimidation, and the use of physical  force such as hitting, slapping, using tools to harm, or any other that impairs the health  of the victim. 
  2. Sexual abuse– It refers to any act of a sexual nature that abuses, humiliates, degrades,  or violates the basic human rights of the aggrieved person. It includes forceful sexual  acts or any other behaviour that compromises the bodily autonomy of the victim and  the sense of self-worth. Therefore, sexual abuse is not restricted to physical action but  also covers verbal or psychological coercion for sexual gratification. The impact on the  victim’s mental health is severe and violates the basic rights of the person.
  3. Verbal and Emotional abuse– This Legal term for domestic abuse encompasses insults, humiliation, degrading remarks, repeated threats, and others to instil fear in the victim,  leaving them vulnerable and dependent on the abuser. 
  4. Economic abuse—In this, the perpetrator deprives the victim of financial resources or  economic necessities entitled to them by the laws and customs of society. Denying  access to the victim’s rightful assets such as jewellery, funds, shares, stridhan, and  others is also covered under economic abuse. Due to the lack of financial autonomy,  economic abuse serves as a tool for manipulation and control. 

The court must consider the prevailing circumstances and then determine under which type the Domestic Violence constitutes. The factors considered are often dependent upon the frequency, severity, and impact of abuse on the victim’s mental and physical health.

You can go through our detailed blog on Legal Notice for Divorce to get the in-depth knowledge on this topic.

Legal Notice can be given under the following reasons 

  • Physical Abuse: Any activity causing damage to life, limbs or health or assaults,  criminal intimidation, or criminal force. 
  • Sexual Abuse: Involves sex-related acts demeaning, belittling or degrading of the  dignity of the victim. 
  • Verbal and Emotional Abuse: Insults, humiliation, naming, or threats that bring about  emotional distress including aspects of childbearing or repeated threats to harm  someone close to the victim. 
  • Economic Abuse: Deprivation of financial resources, property, or maintenance; alienation of assets or denial of access to shared household facilities. 
  • Psychological damage: Threats, coercion, or manipulative pressure may create mental trauma.

Also Read; Legal Notice vs Court Notice

A Legal Notice is a formal and Legal form of communication sent by one party to another to  address grievances, disputes, demands, and others before initiating any Legal suit. In the context  of Domestic Violence, Legal Notice serves as an official intimation to the respondent about the  accusations made by the victim and the relief sought. As per the Legal framework of India, the  following can send a Legal Notice for Domestic Violence: 

  1. The victim of Domestic Violence
  2. An officer as appointed by the law to assist the victim 
  3. Any family member, friend, or representative on behalf of the victim.
  4. The Legal representative of the aggrieved person

Also Read; Types of Legal Notice

Sending a Legal Notice for Domestic Violence doesn’t take much time, money and effort. You can send Legal Notice for Domestic Violence without visiting to any advocate or going outside. Here are some easy steps to send a Legal Notice:

Steps to Send a Legal Notice
  1. Visit our website edrafter.in and click on ‘Legal Notice” in the services section of the main menu of our website.
  2. Now, you will be redirected to our Legal Notice page, where you need to fill a form to provide some required information to understand your complaint.
  3. Now, we will schedule a call for you with an advocate and will share the call details with you on your email id.
  4. During the call, the Advocate will understand your case and even ask details to get the in-depth information. And depending on the details, he will draft a legal notice and share it with you for your approval. When received, you can read the draft and ask the advocate to make any changes if required or if satisfied then you can approve the same.
  5. Once approved by you, Advocate will send the Legal Notice to the other party on your behalf.

What is the Process of a Domestic Violence case? 

  1. Filing of a Complaint: The aggrieved person, the Protection Officer, or his  representative applies to the Magistrate or police. Then, the Protection Officer submits the  Domestic Incident Report. 
  2. Application before the Magistrate: The applicant, or any person on his behalf, applies  to Section 12 seeking relief. Relief can include protection orders, financial  compensation, orders for custody arrangements, and restraining orders against the  respondent.  
  3. Serving Notice: The Magistrate orders the Protection Officer to issue a notice to the  respondent within two days. 
  4. Hearing: The first hearing is scheduled within three days of receipt of the application.  Both parties produce evidence and arguments. 
  5. Counselling: The Magistrate can send the parties for counselling to settle disputes  amicably. 
  6. Relief Orders: The court can grant protection orders, residence orders, or monetary  relief to the victim. Compensation for physical or emotional injuries can also be  provided. 
  7. Timeline for Disposal: Magistrate should try to dispose the case within sixty days from the date of the first hearing. The procedure balances the protection of the  victim with the respondent’s right to a fair hearing. 

Conclusion 

Domestic Violence is a serious issue that requires urgent and decisive action. Understanding  the Legal process for Domestic Violence, the grounds for sending a Legal Notice for domestic  violence, and the protective measures available under the law empower victims to reclaim their lives. Consulting a qualified lawyer and utilising the provisions of the law on Domestic Violence  are important steps toward justice and safety.

Author Name

Suhani Sugandha – Legal Intern & Content Writer

Suhani is a legal content writer and researcher studying at the National University of Study and Research in Law, Ranchi. Specializing in simplifying complex legal concepts, Suhani creates clear, engaging, and well-researched content, including legal blogs, case analyses, research articles, and policy reviews. Passionate about making legal information accessible to all, Suhani bridges the gap between law and the public through informative and insightful writing. With a keen eye for detail and a strong legal foundation, She ensures accuracy and clarity in every piece, helping individuals and businesses navigate legal matters with confidence.