Law4u - Made in India

What is a Custody Order in a domestic violence case?

30-May-2025
Domestic Violence

Answer By law4u team

A Custody Order in a domestic violence case is a legal direction given by a Magistrate under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), granting temporary custody of a child to the aggrieved woman (usually the mother). Key Points about Custody Orders: 1. Legal Basis: Section 21 of the Domestic Violence Act, 2005 empowers the Magistrate to grant temporary custody of children. 2. Who Can Apply: The aggrieved woman (victim of domestic violence) can request custody of her child as part of her complaint under the Act. 3. Type of Custody: - Usually interim (temporary) custody is granted. - It can be later modified by a civil court with proper jurisdiction. 4. Visitation Rights: - The respondent (usually the husband) may be given visitation rights if the court finds it in the best interest of the child. - The court may deny visitation if it feels the child's safety is at risk. 5. Best Interest of the Child: The Magistrate considers the welfare and safety of the child above all else when granting custody. 6. Immediate Relief: This provision allows quick relief to a mother fleeing domestic violence by ensuring her children remain with her. 7. Enforcement: Custody orders are binding and enforceable like other court orders. Example: If a woman faces domestic violence and leaves her husband’s home with her minor child, she can request a Custody Order under the DV Act to legally retain the child’s custody and prevent the husband from taking the child away.

Answer By Anik

Dear client, Under the Protection of Women from Domestic Violence Act, 2005, a "custody order" is defined as an order granted in terms of section 21 of the Act. According to section 21, the Magistrate has the power to grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf. This can be done at any stage of the hearing of an application for a protection order or for any other relief under this Act. The Magistrate may also specify arrangements for the respondent's visits to the child or children. However, if the Magistrate believes that any visit by the respondent may be harmful to the child or children's interests, they shall refuse to allow such a visit. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Gopala Krishna

Advocate Gopala Krishna

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Consumer Court,Customs & Central Excise,Cyber Crime,Divorce,GST,Domestic Violence,High Court,Labour & Service,Medical Negligence,NCLT,Supreme Court,Tax,Corporate,Criminal,

Get Advice
Advocate Ikram Hussain

Advocate Ikram Hussain

Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate

Get Advice
Advocate Vikas Maurya

Advocate Vikas Maurya

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, High Court

Get Advice
Advocate Dayal Wasnik

Advocate Dayal Wasnik

Anticipatory Bail, Arbitration, Cheque Bounce, Banking & Finance, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Supreme Court, Recovery

Get Advice
Advocate Mirja Maqsood Baig

Advocate Mirja Maqsood Baig

Criminal, Family, Cyber Crime, Muslim Law, Property, Cheque Bounce, Motor Accident, Anticipatory Bail, Child Custody, Civil, Divorce, Domestic Violence, Landlord & Tenant, Succession Certificate

Get Advice
Advocate Ajay Ahir

Advocate Ajay Ahir

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family

Get Advice
Advocate Vishal Mohanrao Janrao

Advocate Vishal Mohanrao Janrao

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Narayan Das Kushwaha

Advocate Narayan Das Kushwaha

Anticipatory Bail, Civil, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, Landlord & Tenant, Succession Certificate

Get Advice
Advocate Ajay Ambadas Wankhade

Advocate Ajay Ambadas Wankhade

Anticipatory Bail, Child Custody, Civil, Court Marriage, Divorce, Domestic Violence, Cyber Crime, Criminal, Family, Motor Accident, Muslim Law, Medical Negligence, Recovery, Succession Certificate

Get Advice
Advocate Aditya Kumar Agnihotri

Advocate Aditya Kumar Agnihotri

Anticipatory Bail,Cheque Bounce,Civil,Criminal,Divorce,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Child Custody,Corporate,Cyber Crime,Consumer Court,Customs & Central Excise,Documentation,Court Marriage,GST,High Court,Family,Domestic Violence,Immigration,International Law,Landlord & Tenant,Insurance,Labour & Service,Media and Entertainment,Motor Accident,Medical Negligence,Muslim Law,Property,R.T.I,Recovery,RERA,Startup,Patent,NCLT,Supreme Court,Tax,Wills Trusts,Trademark & Copyright,Succession Certificate,

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.