No, it is not necessary to file a First Information Report (FIR) to get relief under the Domestic Violence Act, 2005. Here is a detailed explanation: 1. Nature of Relief Under Domestic Violence Act The Protection of Women from Domestic Violence Act, 2005 is a civil law enacted to provide immediate and effective protection to women facing domestic violence. It allows victims to seek various reliefs such as protection orders, residence orders, monetary relief, custody orders, and compensation. 2. Filing a Complaint or Application A woman facing domestic violence can approach the Protection Officer, Domestic Violence Police Unit, or directly file a petition in the Magistrate’s Court under the Domestic Violence Act. This complaint or petition is a civil proceeding and does not require an FIR. 3. FIR and Criminal Proceedings If the domestic violence includes criminal offenses like assault, cruelty, or sexual abuse, the police may register an FIR under the Indian Penal Code (IPC). However, the registration of an FIR is separate from the relief under the Domestic Violence Act. 4. Importance of the Domestic Violence Act The Act is designed to provide quick, accessible, and civil remedies without the necessity of criminal prosecution. It focuses on protection and rehabilitation rather than punishment alone. Summary: While an FIR may be filed for criminal offenses arising from domestic violence, it is not mandatory to file an FIR to obtain protection or other reliefs under the Domestic Violence Act. Victims can directly seek relief through civil petitions under the Act.

Dear Client, No, one does not need to lodge an FIR (First Information Report) in order to obtain relief under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The Domestic Violence Act is a civil legislation, rather than a criminal one, and grants civil remedies to women who are victims of domestic violence.A woman may approach the Magistrate directly under Section 12 of the Act on an application, either by herself or through the assistance of a Protection Officer, a service provider, or even a relative or friend. Reliefs granted by the Act are: Protection orders Residence orders Monetary relief Custody orders Compensation But if the respondent is breaching a protection order passed by the Magistrate, then it amounts to criminal offence under Section 31 of the Act and an FIR can be lodged for the violation. Briefly, FIR is not a pre-requisite to invoke protection or other reliefs under the Domestic Violence Act. The Act seeks to provide immediate and ready remedies without the need for antecedent criminal proceedings. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.