Two sets of cases on domestic violence

Teng Xiaoting lawyer, a member of the CPC, Shandong University Bachelor of Laws, Zibo TV science and education channel, Luzhong Morning News lawyers, has for the Zibo Evening News Women's Federation rights special line to write a number of articles. Teng Xiaoting lawyers have solid theoretical foundation in law, excellent business ability, agile thinking, with rich practical experience in litigation. In the process of work has developed a serious and patient, rigorous and meticulous, honest and trustworthy work style, has a noble legal practice ethics. Teng Xiaoting is enthusiastic to participate in social publicity activities, through the television, radio, newspapers and other media to answer public inquiries, to the general public to promote the legal system, and achieve good social results.

About Domestic Violence

Brief description of the case:

Xiao Zhang married her husband Wang Gang in 2001. after marriage, their relationship is still good. 2003 Xiao Zhang gave birth to a daughter, Wang Gang is the only son of the family, the family and Wang Gang's own hope for a boy, since the birth of Xiao Zhang, Wang Gang to its neglect, and often out of alcohol, home to Xiao Zhang is not to beat that scolding. Zhang was afraid of Wang Gang, which caused her a lot of mental pressure. Since giving birth, Zhang's body was often bruised and purple, and the most serious was in early 2007. when Wang Gang, after getting drunk, used a kitchen knife to cut Zhang's leg, and Zhang was hospitalized for 32 days, with 19 stitches, before being discharged from the hospital. After being discharged from the hospital, Xiao Zhang found a lawyer to consult how to get rid of his marriage.

Lawyer Answer:

Xiao Zhang's husband Wang Gang's behavior is typical of domestic violence. Domestic violence is the behavior of one family member who commits violence against the other. Its forms include beating, kneeling, binding, detention and other forms of physical punishment, as well as threats, intimidation, verbal abuse and other mental abuse. Domestic violence acts directly on the victim's body, causing the victim physical or mental pain and jeopardizing his or her physical health and human dignity. Domestic violence occurs among family members living together by blood, marriage or adoption, such as husband against wife, parents against children, adult children against parents, etc. However, violence against women by their husbands is the most common, and the physical and mental harm they suffer is also the greatest, and domestic violence especially refers to violence by husbands against their wives. Domestic violence can cause death, serious injury, minor injury, physical pain or mental anguish, from the horrific case of a wife thrown from a high building, to the violent beating of a wife that leaves her bruised and swollen, to the mental anguish caused by a few punches or slaps, all of which are domestic violence.

After the occurrence of domestic violence, to whom should the aggrieved party seek help? In order to safeguard their own personal rights, the victim of violence should dare to seek help from the outside world, first, to friends and relatives for help, such as elders, better relations with the neighbors. By friends and relatives to discourage, criticize the abuser; two to the village (neighborhood) committee, the unit for help. Village (neighborhood) people's committees have mediation organizations, mediation organizations, grass-roots cadres, unit leaders to mediate, to put pressure on the abuser; third, to women's organizations, trade unions for help. You can seek help from the Women's Federation and village (neighborhood) women's committees, unit women's committees, trade unions, by the organization to advise the abuser, coordinate, promote the relevant departments to deal with the case, and, if necessary, can also support the victim to file a lawsuit; fourth, to the public security organs for help. Citizens' personal rights are protected by national law, the public security organs have the duty to protect the personal safety of citizens. Victims of violence can report the case directly to the public security organs, or by dialing “110” for help, the public security officers to stop the violence on the spot, if necessary, to the abuser of warning, fines, detention.

What is the responsibility of the abuser of domestic violence? Criminally, if the abuser causes minor or serious injury or death to a family member, and this constitutes a crime, the judicial authorities will hold him or her criminally responsible. If the victim has evidence of minor injuries, the victim can file a lawsuit directly with the People's Court against the abuser for the crime of injury, and the victim must provide a forensic medical examination and proof of violence. If serious injury or death results, the public security authorities will conduct an investigation. Administratively, if the violence is minor and causes minor injuries, and if the victim of violence so requests, the public security organs may, in accordance with the regulations on public security administration penalties, issue a warning, fine or detention to the perpetrator of the violence. In civil matters, the victim of violence is the party not at fault and the abuser is the party at fault. In the event of divorce due to domestic violence, the party at fault shall be liable for damages, including property damages and moral damages. The at-fault party shall compensate the at-fault party for the medical expenses, lost wages and nursing costs incurred as a result of the violence, and if the at-fault party has a disability, the at-fault party shall also be liable for the disability compensation. In addition, the at-fault party shall also compensate the at-fault party for the resulting moral damage. The at-fault party can claim compensation for property damage when filing a criminal lawsuit, or file a separate civil lawsuit.

In this case, Xiao Zhang can use the medical record of her visit to the doctor after being beaten by Wang Gang as evidence to sue for divorce in court. Article 32. paragraph 2. of the Marriage Law provides: “The people's courts shall hear divorce cases and shall conduct conciliation; if the relationship has really broken down and conciliation is ineffective, the divorce shall be granted. One of the following circumstances, mediation is ineffective, divorce shall be granted: (2) the implementation of domestic violence or abuse, abandonment of family members;” in the dissolution of the marriage relationship at the same time, according to the situation of the harm suffered, Wang Gang is required to assume the corresponding criminal, administrative or civil liability.

How to face the family “cold violence”

Brief description of the case:

Liu Mou, 60 years old, before retirement is a scientific research unit of the business backbone. His wife Wang Mou, 5 years younger, is a retired factory worker. Liu Mou because of his ex-wife died of illness, 6 years ago in the children's introduction to Wang Mou, and soon received a marriage license.

Liu Mou in these 6 years everywhere in the identity of senior intellectuals in only primary education Wang Mou in front of the self-proclaimed, housework has not done a, so that the neighbors thought Wang Mou is just Liu family invited to the nanny. Under the same roof, Liu lived alone in a large room, furnishings and its luxury, while Wang lived in a hut, the items used are old, dilapidated.

Wangmou remarried life led to its mental depression, want to dissolve the conjugal relationship with Liumou, but Liumou firmly do not agree to let go of such a free nanny. Wang Mou helpless to find a lawyer.

Lawyer answer:

Liu's behavior belongs to the typical family “cold violence”, the law on beating, maiming and other violence caused by injuries are clearly defined, but no explanation of “cold violence”. In fact, in domestic violence, mental violence occurs most frequently, followed by physical violence. The phenomenon of cold violence in many families is manifested in the following ways: both husband and wife speak ill of each other when conflicts arise; they are indifferent to each other; they minimize verbal exchanges; they impose an economic embargo; and they neglect to do household chores, etc. This is in contrast to the fact that many people know how to use the law to protect themselves against violence. This is inseparable from the fact that many people know how to use the law to “protect” themselves, if the hands and fists and feet, so that the other party's body to leave scars, to their own detriment. Some are practicing the philosophy of “a gentleman uses his mouth but not his hands”, which has led to many women suffering from “cold violence” in the family. It is precisely because of the hidden nature of cold violence that it is difficult for judges to determine the party at fault.

Women who suffer from cold violence are psychologically and spiritually affected to a certain extent, and they often become emotionally vulnerable and psychologically lonely. As the causes of mental violence are complicated, it is important to find out the causes first when confronted with mental violence. Seek psychological experts to communicate, can open the knot, rather than take extreme behavior, embarked on the road of crime.

For “cold violence”, the victim can fight through the rights, but the key is still the collection of evidence. Such as abusive language, cold time, insults, etc. can be collected as evidence. Once constitute family mental violence, should be based on the relevant provisions of the marriage law, the party at fault to bear the corresponding responsibility.

For this case, Wang can collect the evidence of cold violence against her, so as to file a divorce lawsuit, and require the marriage of the party at fault, Liu assume responsibility for the fault.