Errors in Solving Marriage Problems: Domestic violence
The long years said that families should be warm, warm places, not violent breeding grounds! In the current divorce case, many parties have said that they have suffered domestic violence in the past or in the near future! Many people think that the things between the two couples are not in violation of the law. Since they are married to me, “Life is my person, death is my ghost.” In fact, this kind of thinking is wrong, because the state will protect the legitimate rights of every citizen from a humanized perspective! In fact, in our lives, we have heard a lot of news about domestic violence. In fact, for example: On October 19, 2009, Ms. Dong Shanshan, 26 years old in Beijing, died of domestic violence and was a sensation at the time! Even many stars, like Xiao S, Huang Wei, etc., after marrying, thought they would enjoy the happiness brought by the family, but not only did not enjoy the warmth brought by the husband, but the scolding and violence, for women It can be said that it is the double torture of the body and the soul!
In fact, in daily life, because the couple is married, the initial freshness and passion have been wiped out, and the rest is the rice and oil salt that lives. Annoying trifles. Often when dealing with these issues, two people will have differences of opinion, plus the young people are very obvious, so the contradictions will gradually escalate. The tongue and teeth will fight, and the couples who are facing each other will inevitably quarrel due to various problems. In fact, the quarrel is not terrible. The terrible thing is that the quarrels escalate the contradictions and even add up. Therefore, we must make good use of legal weapons to protect our security and power! Today, Xiaobian will analyze what is domestic violence? What should I do if there is domestic violence?
What is Domestic Violence
Article 1 of the Interpretation of Marriage Law (1) defines “domestic violence” as “the perpetrator’s beating, binding, mutilating, and forcing restrictions” Personal freedom or other means of causing certain physical and mental consequences to the members of the family.” Therefore, domestic violence directly affects the victim’s body, causing the victim to suffer physical or mental pain, jeopardizing his physical health and Personal dignity.
The manifestations of domestic violence are:
(1) Physical violence, such as beatings, bundling, mutilation, Forced restrictions, etc.;
(2) Language violence, such as threats, intimidation, jealousy, sarcasm, insults, etc.;
(3) Sexual violence means that the husband is satisfied with his sexual desire. In the special circumstances of the wife’s illness, menstruation, childbirth, breastfeeding, etc., in violation of the wife’s wishes, often forced to engage in sexual acts or brutally hurt the wife’s reproductive organs, causing great damage to their body and mind.
In addition, we know that family members include spouses, parents, children, siblings, grandchildren, and mother-in-law. Therefore, the violence committed by the spouse to the above family members is domestic violence.
How to deal with domestic violence
If you are suffering from domestic violence, don’t dare to speak, be sure to sound”! On March 1, 2016, China introduced the “Anti-Domestic Violence Law of the People’s Republic of China”, which is to protect people who have suffered from domestic violence! So what should I do if I am guilty of domestic violence? Evidence should be collected in a timely manner after a domestic violence, such as photos and hospital diagnostics. After collecting the evidence, you can call the police and apply for “Sponsorship Protection Order” to sue for divorce. The most important thing is that the victim must establish a sense of resistance. Even if he has only suffered a domestic violence, he must never choose silence!
Three elements of encountering domestic violence:
1. On the scene of the crime and the injured part of the body Take pictures and videos.
2. Visit the hospital in time, keep the medical records; if necessary, identify the injury.
3. If the perpetrator issues a letter of commitment that no longer violent, pay attention to retention.
Seven kinds of rights protection methods for domestic violence:
1. Seek mediation from the people’s mediation organization (resident committee, village committee, women’s federation).
2. Complain, reflect or ask for help from the unit where the perpetrator is located.
3. Seek shelter and temporary living assistance from a home violence shelter.
4. Seek legal assistance from legal aid agencies.
5. Reporting to the public security organ, requesting the police to stop the violence and apply for injury identification; if the domestic violence is less serious, the public security organ will criticize the injurer or issue a “warning book.”
6. Apply to the People’s Court for a Personal Protection Order (valid for no more than 6 months, according to the applicant’s Apply for cancellation, change or extension). The party is a person without civil capacity, a person with limited capacity for civil conduct, or is unable to apply for a security protection order due to compulsory or intimidation. His close relatives, public security organs, women’s federations, residents’ committees, village committees, The rescue management agency can apply on its behalf.
7. Prosecuting the divorce to the people’s court according to law, and submit relevant evidence of domestic violence to fight for the custody of the children, and strive to get more shares of the husband and wife. When a people’s court hears a case involving domestic violence, it may determine the facts of domestic violence based on evidence such as police records, warnings, and injury identification opinions.
What are the remedies for domestic violence?
(1) Social assistance: The implementation of domestic violence or abuse of family members, the victim has the right to make a request, the residents committee, the village committee and the unit should be dissuaded and mediate. Therefore, you can find a women’s organization in the community to educate and advise your husband, or you can go to the street and district women’s organizations to report the situation and seek help.
(2) Administrative Punishment: For domestic violence being implemented, the victim has the right to make a request, and the residents committee and the village committee should dissuade it; the public security organ should stop it. So if you are suffering and unable to defend yourself, you can call for help and call the police. You can also report directly to the local police station and ask them to deal with your husband in accordance with the Public Security Administration Punishment Regulations and ask for a record.
(3) Civil Relief: According to the content of Article 46 of the Marriage Law, the victim may claim damages from the perpetrator in the divorce proceedings, including material damage and mental damage. Therefore, in order to get rid of this pain forever, you can choose to divorce. The evidence of domestic violence is also a strong evidence of litigation divorce. If you are injured, you must go to the hospital as soon as possible to diagnose, ask the doctor to issue a detailed injury certificate, and ask people to take a clear picture of the injury and save it.
(4) Criminal Punishment: If the implementation of domestic violence constitutes a crime, such as intentional assault, ill-treatment, rape, etc., sanctions should be imposed in accordance with the relevant provisions of the Criminal Law. For the victim’s report, the public security organ shall file a case for investigation, and the people’s procuratorate shall initiate a public prosecution according to law. Therefore, if you are seriously injured and you want your husband to be punished by law, you can go to court to sue him for the crime of assault and go to the relevant department to apply for a injury assessment, which will be the most favorable evidence to determine his degree of harm to you.
Domestic violence is a very prominent social problem and greatly jeopardizes social security, family stability, and the physical and mental health of women and children. Therefore, relevant legal systems have been established in all countries of the world to eliminate violence against women. If you are experiencing domestic violence, be sure to pay attention to your own safety, collect good evidence, seek a professional lawyer, and use legal weapons to defend your rights. Domestic violence is like a nightmare. Since it is a nightmare, wake up this morning, don’t let the nightmare continue to bother you!