Can a victim get free legal aid in a domestic violence case?

Answer By law4u team

Yes. A victim of domestic violence in India is entitled to free legal aid. Legal basis • Section 12 of the Protection of Women from Domestic Violence Act, 2005 – A woman can file a complaint through a Protection Officer or directly to the Magistrate without court fees. • Legal Services Authorities Act, 1987 – Women are automatically eligible for free legal services under Section 12(c), regardless of income. Services available • Assistance in drafting and filing applications under the Domestic Violence Act • Representation in court proceedings • Help in obtaining protection orders, residence orders, maintenance, custody, and compensation • Guidance through Protection Officers and legal aid lawyers provided by the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) How to access • Contact the nearest DLSA/SLSA office • Approach a Protection Officer or Women’s Helpline (181) • Apply directly at Legal Aid Clinics or via e-Lok Adalat portals

Answer By Anik

Dear Client, Yes, it is true that a victim of domestic violence may access free legal aid. This is a right which is put forth in the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and the Legal Services Authorities Act, 1987 under Indian law. Here is what we have for a victim to access free legal aid:. Right to Free Legal Representation under the Law:. Section 14 of this Act reports that a Magistrate may order the respondent to pay legal fees. Also, it is the Protection Officer’s duty, which includes of assisting the victim to inform her of her entitled right to free legal services as per the Legal Services Authorities Act, 1987. This is to make sure that a victim is made aware of this very important right at the start of her quest for help. The Legal Services Authorities Act, 1987: This is the main law that sets out the structure for the delivery of free and quality legal services to the underprivileged sections of society. In terms of Section 12 of this Act, we see that “woman” is a specified group that is to be given free legal aid, which is also beyond her income. Which groups are included? In the case of domestic violence, what we see is that a woman’s eligibility for free legal aid as per the Legal Services Authorities Act, 1987, is not tied to her incom,e which is a special provision indeed. This is to ensure that no woman is denied access to justice because of her economic status. Which services do we offer with free legal aid? Free legal aid also goes beyond just a lawyer. It includes:. Representation by an Advocate: Providing legal representation for the victim. Court Fees and Other Expenses: Payment of court costs, process fees, and other charges related to the case. Preparation of Documents: Drafting up of legal documents, which include applications, appeals, and other court filings. How do I get free legal aid? A victim has access to free legal aid, which is provided by the nearest Legal Services Authority. We have put in place at various levels:. At the national level the National Legal Services Authority (NALSA) do. At the state level State Legal Services Authority (SLSA) also does work which is state-wide. At the district level. At the taluk or sub-divisional level of TLSC. You can apply in several ways: You have a few options for application:. Directly at the office: Go to the office of the nearby Legal Services Authority and present a written application. Through a Protection Officer: A Protection Officer, as per the PWDVA, is to assist the victim in getting legal aid. Online: Many Legal Services Commissions, as well as NALSA run online application processes. Verbally: In some cases, you are also able to make a verbal request, which a paralegal volunteer or an officer will fill out for you. In domestic violence cases, prompt help is required. The la,w which supports thi,s has been put in place to see that victims have no financial barriers to justice. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Can a victim get free legal aid in a domestic violence case?

Answer By law4u team

Answer By Anik

Domestic Violence Verified Advocates

Advocate Rajnikanth Parmar

Advocate Pratyush Prakash Singh

Advocate Tanaji S Shingade

Advocate Muhammed Swadiq

Advocate B Vinothkumar

Advocate Niliket Raut

Advocate Roshan Sahu

Advocate Mohammad Afsar

Advocate Vinay Kumar Tyagi

Advocate Eraz Alam

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