Domestic Violence Laws in Nepal: Legal Protections and Remedies for Victims

Introduction: Domestic Violence as a Human Rights Crisis in Nepal

Domestic violence—violence perpetrated by intimate partners or family members within the home—represents one of the most persistent human rights crises in Nepal. Studies consistently indicate that a significant proportion of Nepali women experience physical, sexual, emotional, or economic abuse at some point in their lives. The violence occurs in homes across all socioeconomic and educational backgrounds, though it is often hidden, normalized, or tolerated as part of "marital life" or "family discipline."

The consequences of domestic violence are devastating: physical injuries ranging from minor bruises to permanent disability or death; psychological trauma including depression, anxiety, and post-traumatic stress; economic hardship as women lose employment or economic independence; disruption of children's development and wellbeing; and perpetuation of cycles of violence across generations. Yet for decades, Nepali law offered minimal protection. Domestic violence was viewed as a private family matter, and courts were reluctant to intervene.

The enactment of the Domestic Violence (Crime and Punishment) Act 2066 (implemented on Jestha 14, 2066 BS, equivalent to May 29, 2009 AD) represented a watershed moment. For the first time, Nepal had a dedicated statute recognizing domestic violence as a crime and establishing legal remedies for victims. The Act, subsequently amended and reinforced through jurisprudence and integration with the Criminal Code 2074, provides:

• Criminal liability for persons perpetrating domestic violence;
• Protective orders to protect victims from further abuse;
• Compensation and rehabilitation for victims;
• Victim support services and shelter;
• Criminal penalties including imprisonment and fines.

Yet even with this modern law in place, implementation remains uneven. Victims often lack information about their rights and available remedies. Police, prosecutors, and judges sometimes minimize domestic violence or fail to pursue cases vigorously. Victims face obstacles in accessing courts, affording legal representation, and navigating complex procedures. Social attitudes, economic dependence on perpetrators, and fear of community judgment prevent many victims from seeking help.

For lawyers in Nepal, whether representing victims, advising perpetrators, or working in domestic violence prevention, understanding the legal framework for addressing domestic violence is essential. This comprehensive guide explores domestic violence law in Nepal—the statutory framework, forms of abuse recognized, legal remedies available, criminal procedures and sentencing, victim support mechanisms, and practical strategies for effectively representing or assisting victims of domestic violence.

Part 1: Legal Framework and Definitions

1.1 The Domestic Violence (Crime and Punishment) Act 2066

Enactment and Purpose: The Domestic Violence (Crime and Punishment) Act 2066 was enacted to:

• Recognize domestic violence as a serious crime;
• Protect victims from further abuse;
• Hold perpetrators criminally and civilly liable;
• Provide rehabilitation and support for victims;
• Prevent domestic violence through deterrence and awareness.

Scope: The Act applies to domestic violence occurring within intimate relationships (married couples, unmarried partners, partners in relationships involving children) and within family relationships (parent-child, siblings, extended family members living in a shared household).

Key Provisions:

• Definition of domestic violence;
• Criminal liability for various forms of abuse;
• Protection order procedures;
• Victim compensation and rehabilitation;
• Criminal penalties and sentencing.

1.2 Definition of Domestic Violence

The Act defines domestic violence broadly to encompass multiple forms of abuse:

Physical Violence:

• Hitting, beating, slapping, kicking, pushing, shoving;
• Using objects or weapons to cause injury;
• Burning, scalding, poisoning;
• Any conduct causing bodily injury or pain.

Sexual Violence:

• Rape or sexual assault by a spouse or intimate partner;
• Forced sexual acts;
• Sexual coercion or harassment within the family;
• Any non-consensual sexual conduct.

Psychological/Emotional Abuse:

• Threats of violence or harm;
• Intimidation, coercion, or blackmail;
• Isolation from family or friends;
• Humiliation, degradation, or constant criticism;
• Controlling behavior;
• Monitoring movements or communications.

Economic Abuse:

• Controlling access to money or financial resources;
• Preventing the victim from working;
• Stealing money or property;
• Running up debts in the victim's name;
• Denying access to basic necessities.

Key Feature—Pattern and Context: Importantly, the Act recognizes that domestic violence is often not a single incident but a pattern of behavior creating fear and control. A single act can constitute domestic violence, but typically domestic violence involves ongoing conduct establishing power and control.

1.3 Constitutional and International Framework

Constitution of Nepal 2072: The Constitution guarantees:

• Right to life and personal liberty;
• Right to equality and non-discrimination based on gender;
• Right to social security and protection.
• The state is obligated to prevent discrimination and protect vulnerable persons.

International Conventions: Nepal is a signatory to:

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);
• Convention Against Torture;
• International Covenant on Civil and Political Rights; These conventions impose obligations to prevent and remedy domestic violence.

Government Obligations: Nepal's state is obligated to:

• Establish legal frameworks criminalizing domestic violence;
• Ensure enforcement and prosecution;
• Provide victim support and services;
• Prevent violence through awareness and education.

Part 2: Forms of Domestic Violence and Recognition

2.1 Physical Violence and Bodily Harm

Definition: Physical violence is the use of force causing injury or pain. This includes minor injuries (bruises, cuts) to serious injuries (broken bones, internal injuries, permanent disability).

Criminal Recognition: Physical violence constitutes assault and can be prosecuted under:

• The Domestic Violence Act 2066 (specific provision);
• General assault provisions of the Criminal Code 2074.

Burden of Proof: Physical violence leaves evidence (bruises, injuries, medical records). Victims should seek medical examination and preserve documentation of injuries.

Examples:

• Slapping, pushing, hitting with hand or object;
• Throwing objects at the victim;
• Burning or scalding;
• Strangulation or choking;
• Using weapons to injure;
• Depriving victim of medical care when injured.

2.2 Sexual Violence and Marital Rape

Recognition of Marital Rape: A significant development in Nepali law is the increasing recognition that a spouse can commit rape or sexual assault against the other spouse. Historically, rape was not recognized within marriage; conjugal relations were deemed a marital right.

Modern Legal Position: Contemporary understanding recognizes that forced sexual relations within marriage is sexual assault and can be prosecuted.

Forms of Sexual Violence:

• Forced sexual intercourse;
• Coerced sexual acts;
• Sexual harassment or touching without consent;
• Forced pregnancy or denial of contraception;
• Rape of a wife by a husband;
• Sexual coercion (using threats or economic control to coerce sexual relations).

Prosecution Challenges: Sexual violence cases face evidentiary challenges:

• Lack of witnesses to private acts;
• Victim's reluctance to disclose due to shame;
• Court skepticism about marital rape claims;
• Difficulty obtaining medical evidence if time has passed.

Victim Support: Victims of sexual violence should seek immediate medical attention (even if delayed) to preserve evidence, obtain examination, and receive treatment and counseling.

2.3 Psychological and Emotional Abuse

Forms of Psychological Abuse:

Threats and Intimidation:

• Threats of violence or harm to victim or children;
• Threats of deportation (for migrant workers' spouses);
• Threats of suicide or self-harm;
• Threats to take children or report victim to authorities.

Isolation and Control:

• Preventing victim from contacting family or friends;
• Monitoring phone calls, messages, movements;
• Preventing victim from working or going to school;
• Controlling what victim wears, eats, or does;
• Preventing victim from accessing healthcare.

Humiliation and Degradation:

• Constant criticism, name-calling, or insults;
• Public humiliation or embarrassment;
• Comparing unfavorably to other women;
• Accusing victim of infidelity or other wrongdoing;
• Blaming victim for the abuse.

Blame-Shifting and Manipulation:

• Convincing victim that the abuse is victim's fault;
• Denying or minimizing the abuse;
• Gaslighting (making victim question their own perception);
• Using children as leverage or emotional abuse.

Recognition in Law: Psychological abuse is increasingly recognized as serious and can support:

• Protection order applications;
• Criminal charges if severe;
• Compensation claims;
• Custody modifications if children are affected.

Evidence of Psychological Abuse:

• Victim testimony about specific incidents;
• Diary or records of abusive incidents;
• Witness testimony from family, friends, neighbors;
• Medical or psychological evaluation showing trauma;
• Communications (messages, emails) showing threatening or controlling behavior.

2.4 Economic Abuse

Forms:

• Preventing victim from working;
• Stealing victim's earnings;
• Controlling all finances and denying victim access;
• Running up debts in victim's name;
• Refusing to contribute to household expenses;
• Threatening eviction or homelessness;
• Denying basic necessities (food, medicine, housing).

Recognition and Impact: Economic abuse traps victims by:

• Creating economic dependence;
• Preventing victims from leaving;
• Undermining victim's self-sufficiency;
• Harming victim's economic wellbeing post-separation.

Legal Remedies:

• Protection orders can address economic control;
• Criminal charges if theft or fraud is involved;
• Alimony and maintenance obligations at divorce;
• Restitution of stolen property or money;
• Compensation for economic harm.

2.5 Neglect and Denial of Care

Definition: Deliberate withholding of care necessary for health or safety.

Examples:

• Refusing to provide food or water;
• Denying medical care when person is ill or injured;
• Abandoning an elderly, disabled, or dependent person;
• Preventing victim from accessing medications.

Vulnerable Populations: Neglect is particularly serious when victim is:

• Elderly;
• Disabled;
• Pregnant;
• A young child.

Criminal Liability: Serious neglect can result in criminal charges for endangerment or abuse.

Part 3: Legal Remedies and Protective Measures

3.1 Protection Orders—The Primary Civil Remedy

Purpose: A protection order is a court order issued to protect a victim of domestic violence from further abuse by prohibiting the perpetrator from certain conduct.

Types of Protection Orders:

Temporary Protection Order:

• Issued ex parte (without the respondent's presence) in emergency situations;
• Typically issued for 4-15 days;
• Issued based on the victim's testimony and evidence of imminent danger;
• Does not require the respondent to be present or heard.

Final Protection Order:

• Issued after a full hearing where both parties present evidence;
• Issued for a specified duration (typically 1-2 years);
• Can be renewed if abuse continues;
• Requires the respondent to be given notice and opportunity to be heard.

Grounds for Issuance: A protection order can be issued if the court finds:

• The victim has experienced domestic violence;
• There is substantial likelihood of future abuse if no order is issued;
• The order is necessary to protect the victim's safety.

Contents of Protection Orders: A typical protection order includes:

• Prohibition on Contact: The respondent is prohibited from contacting the victim directly or indirectly;
• Prohibition on Approach: The respondent is prohibited from coming within a specified distance of the victim's home, workplace, or school;
• Prohibition on Communication: The respondent is prohibited from sending messages, emails, or through third parties;
• Prohibition on Possession of Weapons: If dangerousness is a concern, the order may prohibit possession of weapons;
• Custody Provisions: Temporary custody of children to the victim;
• Occupancy of Home: The victim retains right to occupy the marital home;
• Maintenance: Temporary maintenance (support) may be ordered;
• Other Provisions: Any other provisions needed to protect the victim.

3.2 Procedures for Obtaining Protection Orders

Step 1: Petition: The victim (or a family member, police officer, or social worker on victim's behalf) files a petition with the District Court. The petition should:

• Describe the domestic violence experienced;
• Provide dates and details of specific incidents;
• Explain why the victim is in danger;
• Request specific protections needed;
• Identify the respondent (perpetrator).

Step 2: Temporary Order: Upon filing, the victim can request an emergency/temporary protection order ex parte (without the respondent present). The court may issue this based solely on the victim's affidavit if:

• The victim is in immediate danger;
• There is reasonable cause to believe the victim will be harmed.

Step 3: Notice to Respondent: The respondent must be served with notice of the temporary order and notice of the hearing on the final order. Service can be:

• Personal service (handed to the respondent);
• Service at the respondent's residence or workplace;
• Substituted service (if personal service cannot be made) through posting or publication.

Step 4: Hearing on Final Order: A hearing is held where both parties present evidence. The victim testifies about the abuse and danger. The respondent has a right to contest and present their side. The standard of proof is preponderance of evidence (more likely than not).

Step 5: Final Order Issuance: If the court finds abuse and danger, it issues a final protection order specifying the protections granted and the duration.

3.3 Enforcement of Protection Orders

Criminal Violation: Violating a protection order is a criminal offense. If the respondent violates the order by:

• Contacting the victim;
• Approaching the victim;
• Possessing weapons (if ordered not to); The victim can file a complaint with police and seek criminal prosecution.

Enforcement Mechanisms:

• Police arrest the violator;
• Prosecution for violating the order;
• Additional criminal penalties beyond the original violence;
• Arrest and detention pending trial.

Victim's Role in Enforcement:

• Document any violations (dates, times, how the violation occurred);
• Report violations to police promptly;
• Preserve evidence (messages, recordings, witness statements);
• Obtain police reports documenting violations;
• File complaints with the court if police do not act.

Challenges in Enforcement:

• Police may be reluctant to intervene in "family matters";
• Victims may be afraid to report violations;
• Inadequate monitoring of compliance;
• Perpetrators may violate orders without consequences if not prosecuted.

3.4 Modification and Termination of Protection Orders

Modification: Either party can seek modification of the order if circumstances change. The respondent can request removal of conditions if they can show changed circumstances or that conditions are unnecessarily restrictive. The victim can request modification to add additional protections if abuse increases.

Termination: The order automatically terminates at the end of its specified duration unless renewed. The victim can request renewal before expiration. The respondent can request early termination, but courts are reluctant to terminate if danger persists.

Part 4: Criminal Liability and Prosecution

4.1 Criminal Offenses Related to Domestic Violence

Domestic Violence as Distinct Crime: The Domestic Violence Act 2066 defines domestic violence as a distinct criminal offense, separate from general assault or other crimes. Prosecution under this specific statute can result in enhanced penalties.

Applicable Criminal Laws: Domestic violence can be prosecuted under:

1. Domestic Violence (Crime and Punishment) Act 2066: Specific statutory crime;
2. Criminal Code 2074: General assault, battery, sexual assault, threatening provisions;
3. Other Specific Statutes: Sexual Offences Act, murder statutes, etc.

Advantages of Using Domestic Violence Act:

• Specific crime tailored to intimate partner abuse;
• Enhanced penalties for repeated violations;
• Remedies including victim compensation;
• Victim protection orders;
• Mandatory police investigation and prosecution (in theory).

4.2 Criminal Procedure for Domestic Violence Cases

Reporting and Filing of Case:

Police Report (FIR):

• The victim can file an FIR (First Information Report) with police;
• A family member, social worker, or police officer can file on victim's behalf;
• The FIR initiates the criminal investigation;
• Police are required to investigate domestic violence complaints.

Police Investigation:

• Police conduct investigation, gathering evidence;
• Medical examination of injuries (with victim's consent);
• Interviews with witnesses;
• Collection of physical evidence.

Referral to Prosecutor:

• After investigation, the police file the case with the Public Prosecutor;
• The Prosecutor decides whether to prosecute.

Prosecution Decision:

• The Prosecutor can prosecute based on the police investigation;
• Or the Prosecutor can refuse to prosecute if insufficient evidence.

Victim's Frustration: A common problem: victims file cases with police, but prosecutors decline to prosecute due to:

• Perceived insufficiency of evidence;
• Victim's reluctance to testify;
• Belief that it's "not serious enough";
• Reluctance to intervene in "family matters."

4.3 Criminal Penalties and Sentencing

Penalties for Domestic Violence Offenses:

Under the Domestic Violence Act 2066, penalties include:

• First Offense: Imprisonment up to one year and/or fine up to NPR 10,000;
• Second Offense: Imprisonment up to two years and/or fine up to NPR 25,000;
• Subsequent Offenses: Progressively increased penalties.

Additional Penalties:

• Compensation to the victim (separate from criminal penalty);
• Counseling or rehabilitation programs;
• Restraining orders or protective orders;
• Loss of custody or visitation with children (in some cases).

Sentencing Considerations: Courts consider:

• Severity of the violence;
• Injury caused;
• Whether weapons were used;
• Any vulnerable victims (children, elderly, pregnant women);
• Prior history of violence;
• Victim's wishes (though these do not control the prosecution).

Lenient Sentences—A Problem: Domestic violence cases often result in lenient sentences:

• Suspended sentences (imprisonment suspended if no further offenses);
• Small fines;
• "Reconciliation" orders requiring victims and perpetrators to live together;
• Minimal jail time even for serious assaults.

This leniency reflects:

• Judicial minimization of domestic violence;
• Belief that prosecution will harm the family;
• Cultural attitudes viewing spousal violence as acceptable;
• Victim pressure to drop cases (often due to economic dependence or family pressure).

4.4 Bail and Detention Issues

Arrest Upon Report: Upon filing of FIR for domestic violence, police should arrest the perpetrator.

Bail Considerations:

• The perpetrator is brought before a court (typically within 24-48 hours) for bail hearing;
• The prosecutor and victim can argue against bail, emphasizing danger to the victim;
• Courts should consider the danger to the victim and likelihood of further violence;
• Conditions of bail can include:
  • Prohibition on contact with victim;
  • Prohibition on approaching victim's home or workplace;
  • Residence restriction.

Practical Problem: Courts often grant bail easily in domestic violence cases, sometimes with minimal conditions. A perpetrator is released to return to the home, potentially escalating danger.

Victim's Role: Victims should:

• Request that the prosecutor oppose bail;
• Explain the danger if the perpetrator is released;
• Request that bail include conditions protecting the victim;
• Seek police protection if the perpetrator is released;
• Consider shelter if the perpetrator returns to the home.

Part 5: Victim Compensation and Civil Remedies

5.1 Victim Compensation Provisions

Compensation Authority: Under the Domestic Violence Act 2066, courts can order the perpetrator to pay compensation to the victim for:

• Medical expenses;
• Lost wages during recovery;
• Pain and suffering;
• Emotional trauma;
• Loss of earning capacity if permanent injury occurs;
• Cost of shelter or relocation.

Amount: The amount of compensation varies based on the severity of injuries and losses. Courts have discretion to determine appropriate compensation.

Enforcement: If the perpetrator does not pay compensation, enforcement mechanisms include:

• Attachment of wages;
• Attachment of property;
• Imprisonment for non-payment (in some cases);
• Execution against assets.

5.2 Criminal Injury Compensation Programs

State Compensation Fund: Some jurisdictions establish a government fund to compensate crime victims, including victims of domestic violence. The victim can apply for compensation if:

• A crime was reported to police;
• The victim suffered injury or loss;
• The perpetrator cannot pay or is not prosecuted.

Limitations:

• Fund coverage is typically limited (a maximum amount per victim);
• Must meet specific criteria;
• Often slow and bureaucratic;
• Limited availability in Nepal (various programs exist but implementation is inconsistent).

5.3 Civil Lawsuit for Damages

Tort Liability: Separately from criminal prosecution, a victim can sue the perpetrator in civil court for damages for:

• Battery (intentional harmful touching);
• Assault (threat of violence);
• Intentional infliction of emotional distress;
• Negligence (if harm resulted from negligence).

Civil vs. Criminal:

• Criminal case: prosecution by the state; penalty is imprisonment/fine; goal is punishment and deterrence;
• Civil case: victim sues perpetrator; remedy is money damages; goal is compensation.

Advantages of Civil Suit:

• Lower burden of proof (preponderance of evidence vs. beyond reasonable doubt);
• Victim has more control over the case;
• Potential for larger damages awards;
• Can proceed even if criminal case fails.

Disadvantages:

• Victim must pay for lawyer;
• Perpetrator may lack assets to pay judgment;
• Process can be lengthy;
• Victim must directly confront the perpetrator in court.

5.4 Property Remedies and Division

Occupancy of Marital Home: A victim can seek an order allowing the victim to occupy the marital home while the perpetrator is excluded. This is particularly important because:

• The victim needs safe housing;
• The victim often has primary custody of children;
• Forcing the victim to leave endangers them.

Property Division at Divorce: In a subsequent divorce, a victim of domestic violence can request that property division be adjusted to account for:

• The victim's greater need (due to disruption from violence);
• The perpetrator's wrongful conduct;
• The victim's sacrifice during the marriage;
• The need to establish economic independence from the perpetrator.

Maintenance and Support: A victim can request enhanced maintenance (spousal support) due to:

• Trauma affecting employment capacity;
• Need for economic independence from the perpetrator;
• Loss of earning capacity due to violence.

Part 6: Victim Support Services and Rehabilitation

6.1 Shelter and Safe Housing

Domestic Violence Shelters: Shelters provide temporary safe housing for women escaping domestic violence. Nepal has various shelters operated by government and NGOs.

Services Provided:

• Safe housing for victim and children;
• Meals and basic necessities;
• Counseling and psychological support;
• Legal advice and assistance in pursuing cases;
• Help obtaining protection orders;
• Job training and economic support;
• Family reunification services (if appropriate).

Access:

• Victims contact shelters directly or through police, NGOs, or hotlines;
• Shelters typically accept women and children;
• Stay duration varies (temporary to long-term);
• Confidentiality is maintained; perpetrators are not given location information.

Limitations:

• Limited shelter capacity in many areas;
• Long wait lists;
• Geographic limitations (may not be accessible to rural women);
• Limited funding affecting quality of services.

6.2 Counseling and Psychological Support

Trauma-Informed Counseling: Victims of domestic violence benefit from counseling addressing:

• Trauma and PTSD;
• Depression and anxiety;
• Low self-esteem and blame;
• Safety planning;
• Decision-making about the relationship;
• Parenting and children's needs.

Availability:

• Government mental health services (limited);
• NGO counseling programs;
• Private counselors (cost-prohibitive for many);
• Community-based support groups.

Culturally Sensitive Approach: Effective counseling must:

• Respect cultural values while maintaining safety focus;
• Not impose a single solution (leaving vs. staying);
• Support victim's agency in decision-making;
• Address cultural barriers to leaving (shame, family pressure);
• Help victims navigate community and family reactions.

6.3 Legal Assistance and Representation

Legal Aid:

• Government legal aid for poor and vulnerable persons (includes domestic violence victims);
• NGO legal aid programs;
• Private lawyers working pro bono.

Services Provided:

• Advice on legal rights and remedies;
• Help filing protection orders;
• Representation in criminal cases;
• Assistance with family law issues (custody, divorce, maintenance);
• Documentation and evidence gathering.

Challenges:

• Limited availability in rural areas;
• Victims may be unaware legal aid exists;
• Application processes may be complex;
• Delays in receiving assistance;
• Quality of representation varies.

6.4 Economic Support and Employment Programs

Cash Assistance:

• Temporary cash assistance for basic needs;
• Help with medical expenses;
• Support for relocation and housing.

Employment and Skills Training:

• Vocational training programs;
• Job placement assistance;
• Microfinance and business start-up support;
• Education support (literacy, secondary education).

Purpose: Economic support and employment help victims become economically independent, reducing dependence on perpetrators and enabling them to leave abusive relationships.

Part 7: Special Issues in Domestic Violence Cases

7.1 Domestic Violence and Child Welfare

Impact on Children: Exposure to domestic violence harms children even if not directly abused:

• Psychological trauma and PTSD;
• Behavioral problems and poor school performance;
• Difficulty forming relationships;
• Likelihood of perpetuating violence in their own relationships.

Child Protection Obligations:

• Police and courts have duty to protect children;
• Child welfare services can intervene if children are exposed to violence;
• Custody can be modified to protect children;
• Children can be removed from the home if in danger.

Safety Planning for Children: Victims should:

• Develop safety plans including where children will go if violence escalates;
• Teach children about safety and when to call for help;
• Keep important documents and extra clothes accessible;
• Ensure children's stability and counseling.

7.2 Domestic Violence and Custody

Impact on Custody Determination: If the court is considering custody, history of domestic violence is critical:

• A perpetrator of domestic violence may be deemed unfit to parent;
• The victim may be favored for custody;
• Visitation by the perpetrator may be supervised or restricted.

Legal Presumption: Some jurisdictions hold that there is a presumption that a perpetrator of domestic violence should not have sole custody or unsupervised visitation, particularly if children witnessed the violence.

Factors Courts Consider:

• Whether the perpetrator's violence affected the children;
• Whether children witnessed the violence;
• Risk that perpetrator will harm children;
• Victim's capacity to provide stable care;
• Children's preference (if old enough).

7.3 Domestic Violence and Immigration

Unique Vulnerabilities of Migrant Women: Women married to migrant workers or living as migrants themselves face unique vulnerabilities:

• Economic dependence on spouse;
• Social isolation in foreign country;
• Language barriers;
• Lack of knowledge of rights in the foreign country;
• Threat of deportation used as coercion;
• Inability to access legal services.

Protected Status in Some Countries: Some countries provide protected status for victims of domestic violence, including:

• Temporary visas allowing the victim to remain and work;
• Access to domestic violence remedies even without legal immigration status;
• Right to pursue divorce or custody without being deported.

Advocacy and Support:

• NGOs specializing in migrant women's rights;
• Consular assistance through embassies;
• International treaties on migrant workers' rights.

7.4 Domestic Violence and Economic Abuse

Recognizing Economic Abuse: Economic abuse often accompanies physical or sexual abuse and serves to trap victims. Examples:

• Preventing the victim from working;
• Controlling all finances;
• Running up debt in victim's name;
• Stealing or misappropriating victim's property.

Remedies Addressing Economic Abuse:

• Protection orders prohibiting economic control;
• Property division favoring the victim at divorce;
• Restitution of stolen property or money;
• Maintenance or alimony at divorce;
• Compensation for economic losses.

Victims' Economic Independence: A key aspect of victim support is enabling economic independence:

• Employment and skills training;
• Microfinance and business support;
• Property rights protection;
• Access to banking and financial services;
• Education and literacy programs.

Part 8: Practical Guide for Lawyers Representing Domestic Violence Victims

8.1 Initial Client Consultation with a Domestic Violence Victim

Creating a Safe Environment:

• Private, confidential setting;
• Ensure the victim is not followed or monitored;
• Allow time and do not rush;
• Provide support person if victim wishes;
• Assure confidentiality of the communication;
• Be sensitive to trauma and emotional state.

Information to Gather:

About the Violence:

• What forms of violence has the victim experienced (physical, sexual, emotional, economic)?
• When did the violence begin?
• How frequently does violence occur?
• Has violence escalated over time?
• Are children or other family members affected?
• Has the victim been injured? Seek medical records.
• Has police been involved? Obtain police reports and FIR numbers.

About the Relationship:

• Duration of the relationship;
• Marital status (married, partner, cohabiting);
• Children of the relationship;
• Any prior separations or custody arrangements.

About the Victim's Situation:

• Is victim safe? Any immediate danger?
• Where is victim staying currently?
• Does victim have access to money?
• Does victim have employment?
• Any disabilities, health issues, or vulnerabilities?
• Does victim speak and understand the language of legal proceedings?

About the Perpetrator:

• Identity and location of the perpetrator;
• Any access to weapons;
• History of violence (toward victim or others);
• Any substance abuse or mental health issues;
• Employment and financial situation.

Legal Issues:

• What remedies is the victim seeking (protection order, divorce, custody, compensation)?
• Are there pending cases (divorce, criminal, child welfare)?
• Does the victim understand the legal process?

8.2 Safety Planning

A critical initial step is developing a safety plan to protect the victim from further violence.

Safety Planning Elements:

Immediate Safety:

• If victim is in immediate danger, seek emergency shelter;
• Call police if necessary;
• Go to nearest police station or hospital;
• Obtain a temporary protection order if available.

Ongoing Safety:

• Identify safe places to go if violence escalates;
• Identify trusted people who can help;
• Establish coded signals for requesting help;
• Plan safe exits from the home;
• Keep emergency numbers accessible.

Document Preservation:

• Collect important documents (ID, birth certificates, marriage certificate, property documents);
• Store documents in a safe location;
• Keep copies at a trusted friend's or family member's home;
• Photograph injuries and document violence.

Financial Preparedness:

• Access savings or open separate bank account if possible;
• Keep emergency money in a safe location;
• Obtain list of assets and debts;
• Understand financial obligations and rights.

Children's Safety:

• Plan where children will stay in emergency;
• Ensure children have important documents;
• Teach children about safety;
• Develop code words for requesting help.

Communication Safety:

• Use safe communication methods (phone, email) avoiding being monitored;
• Delete communication history if monitoring is a concern;
• Use public phones or trusted friends' phones;
• Consider encrypted messaging if appropriate.

8.3 Legal Remedies—Choosing Appropriate Strategies

Protection Order:

• Appropriate if victim is in danger and seeks immediate protection;
• Can be obtained quickly (temporary order in days);
• Relatively straightforward process;
• Good first step to ensure safety.

Criminal Prosecution:

• Appropriate if victim is willing to testify;
• Can result in perpetrator's imprisonment;
• May deter future violence;
• Victim has less control (prosecution decision is state's);
• Requires victim to confront perpetrator.

Civil Suit for Damages:

• Appropriate if victim seeks monetary compensation;
• Victim has more control;
• Can proceed even if criminal case fails;
• Slow and potentially costly process.

Divorce:

• Appropriate if victim is married and wishes to end the marriage;
• Allows property division and custody determination;
• Can protect victim's economic interests;
• May be complex if contested.

Custody Case:

• Appropriate if custody or guardianship is contested;
• Can protect children from dangerous perpetrator;
• History of domestic violence supports victim's custody;
• Can be part of divorce or separate proceeding.

Integrated Approach: Often the best approach combines multiple remedies:

• Immediate protection order for safety;
• Criminal prosecution to hold perpetrator accountable;
• Divorce to end the marriage;
• Custody determination to protect children;
• Civil suit for compensation.

8.4 Evidence Collection and Documentation

Medical Evidence:

• Encourage victim to seek medical examination (even if injuries are minor);
• Obtain detailed medical report documenting injuries;
• Preserve photographs of injuries;
• Obtain records of any prior medical treatment for violence-related injuries.

Incident Documentation:

• Create detailed timeline of incidents;
• Document dates, times, locations, what happened;
• Identify any witnesses;
• Record pattern of violence over time.

Psychological Evidence:

• Psychological evaluation documenting trauma;
• Counselor's notes on victim's condition and disclosures;
• Medical records showing mental health treatment;
• Expert testimony on effects of domestic violence.

Communications Evidence:

• Messages, emails, calls showing threats or control;
• Voicemails or recordings of perpetrator (if legally obtained);
• Threats or controlling messages;
• Any admissions by perpetrator.

Witness Testimony:

• Family members who witnessed violence;
• Neighbors or friends who heard violence or saw injuries;
• Children (though use cautiously);
• Professionals (doctors, counselors, police) who observed evidence;
• Character witnesses attesting to victim's credibility.

Property and Financial Evidence:

• Bank records showing economic control;
• Mortgage or lease documents;
• Insurance policies;
• Evidence of financial support cut off;
• Debt incurred in victim's name.

8.5 Supporting Client Decision-Making

Victim Autonomy: A critical principle is respecting victim autonomy—supporting the victim's decision about how to respond to abuse, even if the lawyer might choose differently.

Dangers of Removing Autonomy:

• Victim has lost control in the abusive relationship;
• Regaining autonomy and agency is part of healing;
• Lawyers who override victim's choices replicates the control dynamic;
• Victims who feel forced into legal action may not follow through.

Lawyer's Role:

• Provide information about options and consequences;
• Support victim's decision without judgment;
• Honor victim's timeline and pace;
• Address fears and concerns about legal process;
• Help victim develop skills to make decisions.

Difficult Decisions: Victims sometimes decide to:

• Stay in the relationship;
• Drop a case;
• Not pursue criminal charges;
• Accept a settlement less favorable than possible.

Lawyers should:

• Help victim understand consequences;
• Ensure victim is making a free choice (not coerced by perpetrator);
• Provide updated information if circumstances change;
• Continue supporting victim even if choices differ from lawyer's preference.

Part 9: Perpetrators and Criminal Liability

9.1 Understanding Perpetrator Liability

Criminal Liability: A person who commits domestic violence is criminally liable under:

• Domestic Violence Act 2066;
• Criminal Code 2074 (assault, sexual assault, threatening);
• Other applicable criminal statutes.

Civil Liability: A perpetrator is also civilly liable for:

• Tort damages (to the victim in a civil suit);
• Compensation ordered in criminal or protection order cases;
• Property division disadvantages at divorce.

Professional Consequences: Perpetrators in certain professions may face professional sanctions:

• Police, military, government: dismissal or discipline;
• Teachers: revocation of license;
• Medical professionals: loss of license;
• Other licensed professionals: sanctions or loss of license.

9.2 Perpetrator Accountability and Rehabilitation

Deterrence: Criminal penalties and prosecution deter perpetrators by:

• Risk of imprisonment;
• Shame and public exposure;
• Loss of employment or professional status;
• Financial penalties.

Rehabilitation: Some jurisdictions provide perpetrator rehabilitation programs, including:

• Anger management classes;
• Counseling addressing roots of violence;
• Substance abuse treatment (if applicable);
• Psychoeducational programs on gender equality and healthy relationships.

Conditions for Rehabilitation: Rehabilitation is most effective when:

• Perpetrator accepts responsibility for violence;
• Perpetrator is motivated to change;
• Perpetrator completes programs;
• Programs are evidence-based and effective;
• Victim safety is maintained throughout.

Limitations:

• Many perpetrators deny responsibility or minimize violence;
• Motivation to change may be lacking;
• Programs have limited proven effectiveness;
• Rehabilitation should not be condition of avoiding imprisonment;
• Victim safety must not be compromised for perpetrator rehabilitation.

Part 10: Current Challenges and Recommendations

10.1 Implementation Gaps in Domestic Violence Law

Consistent Problems:

Police Response:

• Police often discourage victims from filing FIRs;
• Police may take victim's statement but not file case;
• Police may attempt "reconciliation" instead of investigation;
• Female victims may face harassment or skepticism;
• Police in rural areas have limited training on domestic violence.

Prosecution Decisions:

• Prosecutors often decline to prosecute due to perceived insufficient evidence;
• Burden placed on victim to prove case rather than state investigating thoroughly;
• Plea bargaining results in light penalties;
• Prosecutors may pressure victim to drop case.

Judicial Attitudes:

• Some judges minimize domestic violence as "family matter";
• Judges may impose conditions requiring continued cohabitation;
• Sentences are often lenient;
• Judges may express skepticism about victim's credibility;
• Judges may blame victim or suggest victim provoked violence.

Victim Obstacles:

• Victim may be economically dependent on perpetrator;
• Victim may fear perpetrator or escalation of violence;
• Victim may face family or community pressure to stay;
• Victim may be unaware of rights and remedies;
• Victim may distrust the legal system;
• Cost of pursuing legal action may be prohibitive.

10.2 Recent Reforms and Improvements

Increased Awareness:

• NGO awareness campaigns on domestic violence and rights;
• Media coverage of domestic violence issues;
• Education in schools on gender equality and healthy relationships;
• Government policies emphasizing gender-based violence prevention.

Specialized Training:

• Police training on proper investigation and response to domestic violence;
• Judicial training on gender-sensitive case handling;
• Prosecutor training on domestic violence prosecutions;
• Counselor and social worker training.

Institutional Changes:

• Establishment of all-female police units in some areas;
• One-stop service centers combining police, prosecution, counseling, shelter;
• Specialized domestic violence courts in some districts;
• Victim-focused procedures (allowing victim testimony via video, closed-circuit testimony).

Legal Reforms:

• Amendment of Domestic Violence Act to strengthen protections;
• Integration of domestic violence provisions into Criminal Code;
• Recognition of marital rape;
• Increased penalties for repeat offenses.

10.3 Gaps Remaining and Further Needed Reforms

• Mandatory pro-active prosecution of domestic violence (not depending on victim's cooperation);
• Minimum sentencing guidelines ensuring serious penalties;
• Better victim support services and shelter availability;
• Training and sensitization of all legal professionals;
• Economic support enabling victims to leave abusive relationships;
• Prevention programs addressing root causes of violence;
• International cooperation on cases involving cross-border elements.

Conclusion: Legal Justice and Victim Empowerment

The enactment of the Domestic Violence (Crime and Punishment) Act 2066 represented a major step forward in recognizing domestic violence as a serious crime deserving legal remedy. The law provides victims with multiple pathways to protection—protection orders, criminal prosecution, civil suits, custody modifications—and entitlements to victim support and compensation.

Yet laws alone are insufficient. Real protection of victims requires:

• Implementation: Police, prosecutors, judges, and officials must actually enforce the law, not minimize or ignore domestic violence;
• Resources: Adequate funding for shelters, counseling, legal aid, and victim support;
• Training: Professional training on gender-sensitive investigation and prosecution, trauma-informed victim support;
• Cultural Change: Shift in societal attitudes treating domestic violence as unacceptable, not as a private family matter;
• Victim Empowerment: Supporting victims' agency, autonomy, and economic independence;
• Prevention: Addressing root causes of violence through education, gender equality promotion, and healthy relationship modeling.

For lawyers representing victims of domestic violence, the role extends beyond the courtroom. Lawyers serve as advisors, advocates, and sources of empowerment, helping victims understand their rights, navigate complex legal systems, and rebuild their lives. In doing so, lawyers contribute to the larger goal of ending domestic violence and creating a society where all persons, particularly women, can live free from violence and fear.