Domestic violence is a very traumatizing experience and to a lot of the victims, the emotional feeling of putting yourself out there and making a legal claim can be draining. Nevertheless, to gain justice under Indian law, in particular through the Protection of Women from Domestic Violence Act, 2005 (PWDVA) evidence is very crucial. Although the law is victim-centric, the courts still have the right to be presented with credible, relevant and timely evidence to bring about a fair adjudication.
The paper discusses why evidence is invaluable in domestic violence and the way the evidence can be reinforced by the help of the best domestic violence lawyer in India.
An evidence is that which links a claim to truth in any legal case. In the case of domestic violence, the unfortunate aspect is that, most people commit the vice in the privacy of their homes where there are no witnesses or any traces of the crimes.
Courts are much dependent on the consistency and good nature of the evidence brought to make decisions:
In the absence of solid evidence, even a grave complaint can be refused or postponed and undermine the legal position of the victim.
1. Medical Records
When there is physical abuse, the medical report and photos of injuries are effective evidence. In case the victim approached treatment, hospital records could be used to validate the time line of the sequence of events.
2. Police complaints and FIRs
The statement of a victim is credible in case a copy of a First Information Report (FIR) or any former police complaint is provided. Although a complaint may not have led to an arrest, the history of complaint can reveal a behavior of abuse.
3. Audio Recordings or Video Recording
Audio or video tape recording of threats or abusive discussions can be very helpful in reinforcing their claim particularly in situations of textual or emotional abuse.
4. Text, Emails and WhatsApp Conversations
Economic and psychological abuse can be proved with the help of digital communication with threatening, financial control, or insults.
5. Eyewitness Testimonies
It is possible to call neighbors, friends, relatives or domestic helpers who observed a case of abuse in court.
6. Financial Records
In abuse that involves economy, the bank statements, held salary clips or evidence that the basic needs monetarily are barred can help the victim in the allegations.
7. Diary/Journal Entries
Personal records noting every incident of abuse when kept in a consistent manner can be used as evidence, in addition to the testimony of the victim since they are secondary evidence.
Gathering and presenting evidence correctly can be complex. A qualified legal professional ensures that:
The finest domestic violence lawyer will therefore direct the victim on what type of evidence would be most influential besides enlightening a victim on how to protect him or herself not only legally but also emotionally.
While evidence is critical, victims must ensure:
Evidence becomes a determinant between the justice prevailed in the case of domestic violence and justice denied. Even though the law is more inclined to protecting the victims, the court is unable to issue any significant orders unless the abuse was proved. That is why recording the incidents and saving evidence, however minor it may appear, is essential.
And should you be a victim of abuse at home, do not lie suffer in silence. A good lawyer is key, the best lawyer in India is a good legal representative to assist, guide you in getting the right evidence, filing the right application and the protection and justice that is deserved.