A woman who has returned from Australia to India can seek protection, residence and maintenance orders under the Domestic Violence Act where she now lives, including for abuse that occurred in Australia. A spouse in Australia named in a cruelty complaint in India can seek anticipatory bail and quashing through an advocate. Australian police reports and intervention orders are admissible as evidence in India.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- Magistrate's court
- Travel to India
- Usually by video or attorney
How it works from Australia
For a woman seeking protection, we file the application with the Magistrate and press for interim maintenance and residence at the first hearings. Certified copies of any Australian police report, intervention order or medical record should be obtained before leaving or requested afterwards.
For a person in Australia facing a complaint, the order of work is protection from arrest, cooperation with the investigation through counsel, and a challenge to allegations that are vague or contradicted by travel records. A pending criminal case can affect Australian visa character assessments, so early resolution, often by mediated settlement, is in everyone's interest.
What is different for NRIs in Australia
- Relatives in Australia named on general allegations can seek quashing.
- An Australian divorce does not end proceedings in India automatically.
- Check for a look out circular before travelling to India.
Step by step from Australia
Free review call
Calls are held in your afternoon, which is the Indian morning. We read your papers on a domestic violence case first, so the call is about your options and not a repeat of the facts.
Authority from Australia
Where a representative must act for you in India on a domestic violence case, you sign before an Australian notary public and obtain the DFAT apostille, or attend the Indian mission for your state. We draft the document and send signing instructions.
Work in India
In India, we file or answer the application before the Magistrate, press for or contest interim orders and seek your appearance by video. Updates for clients in Australia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the orders, and we handle enforcement or appeal. Originals are couriered to your address in Australia if you need them.
The law in full
This page covers what changes when you handle a domestic violence case from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Domestic Violence Cases. For other matters, see all legal services for NRIs in Australia or the Family, Marriage & OCI practice area.
Questions from NRIs in Australia
Can a domestic violence case be filed in India for abuse that happened in Australia?
Yes. Courts have entertained applications by women residing in India for abuse suffered abroad.
I live in Australia and have been named in a 498A case. What should I do?
Do not ignore it. Obtain the FIR, apply for anticipatory bail and respond through counsel before travelling.
Will the case affect my Australian visa?
It may be relevant to character requirements. Take migration advice and resolve the Indian case early.