What happens in a dv case
Amit
(Querist) 07 August 2012
This query is : Resolved
My wife filed a DV case against me and all my family members.
I'd like to know what exactly happens in a DV case. What is the final outcome? Does the magistrate give protection/residence/maintenance orders? Is there any punishment given to offenders, I understand it's like a civil case.
Can we appeal in higher court, if yes then to whom? Can she appeal in a higher court?
Is it better to concentrate on the divorce case (filed by me) first and give less priority to DV (as it's not criminal in nature)? Why I am asking this is, I don't want all my evidences to come out in the open in DV case whereby she'll get wise in divorce case (she's yet to file counter and she's been delaying it a lot).
Please guide.
ajay sethi
(Expert) 07 August 2012
1) in Dv case her application for interim maintenance etc will be decided first .
2)after leading evidence final orders will be passed . court will pass orders on her plea for right to stay in shared household / maintenance / protection orders
3) no punishment in first instance
4)against orders passed you have right to appeal
5) go by advise of your lawyer
Amit
(Querist) 07 August 2012
Thanks Ajay.
The magistrate has already given an ex-party order not to dispose off with my property.
I guess I'll have to fight the case on merits.
Not sure what the allegations are against me and my family.
Also, my wife filed RCR after DV. Can this be an advantage to me? How can she file DV and then file RCR and request to stay together?
