What should I do if I encounter domestic violence?
If it is general domestic violence, the victim can report the case to the public security organ. The public security organ shall, in accordance with the provisions of the Law on Public Security Administration Punishment, impose administrative penalties on violent parties, including warnings, fines and detention. If the circumstances of domestic violence are serious, the injury identification has reached the minor injury stipulated in the criminal law, which is suspected of constituting the crime of intentional injury. Continuous and frequent domestic violence constitutes a crime of abuse, and if the circumstances are bad, it is suspected of constituting a crime of abuse. Abuse is a case of private prosecution, that is, the victim needs to go to court to prosecute himself, and the public security organ will not take the initiative to investigate. In other words, long-term domestic violence may be suspected of constituting crimes such as intentional injury and abuse. The victim should abandon the mentality of "let things go smoothly, and wash one's dirty linen in public", fix objective evidence and resolutely say "no" to domestic violence!
So to what extent can domestic violence be judged?
There is a cruel fact that most domestic violence does not constitute intentional injury at all. The standard for filing the crime of intentional injury is that it constitutes a minor injury.
Minor injury level 1: primary injury caused by injury factors or complications caused by primary injury, which is not life-threatening; The structure and function of the left tissues and organs are moderately damaged or the appearance is obviously affected.
Minor injury level 2: primary injury caused by injury factors or complications caused by primary injury, which is not life-threatening; The structure and function of the left tissues and organs are slightly damaged or affect the appearance.
Minor injury: primary injury caused by injury factors, resulting in slight damage to tissues and organs or slight dysfunction.
In reality, it is difficult to beat a person to the point where his tongue breaks a rib. If they are all calculated according to the crime of intentional injury, most domestic violence cannot be convicted or even detained. Therefore, the legal definition of domestic violence is much larger than the scope of intentional injury. Intentional injury is only physical violence, while domestic violence includes physical violence, mental violence and sexual violence. Serious domestic violence not only constitutes the crime of intentional injury, but also includes the crime of abusing, insulting and violently interfering with the freedom of marriage of others.
In fact, the best way to face domestic violence is to divorce and keep yourself away from danger as soon as possible.
Our marriage law and anti-domestic violence law also stipulate that as long as there is a domestic violence, no matter how serious it is, the court will support your divorce and you can apply for a personal safety protection order. The law should not only punish the perpetrators, but also protect the weak with the law. Generally speaking, the following two situations can be regarded as constituting domestic violence:
First, violent acts have caused serious injuries, which constitute minor injuries that exceed the criminal law standards. At this time, not only can the criminal responsibility of the other party be investigated, but also domestic violence can be identified and divorce can be decided accordingly.
Second, it does not constitute a minor injury standard, but long-term or repeated violence does cause certain physical and mental harm, which can also be considered as domestic violence.
In this case, the boundary of identification in practice is quite vague. In principle, the more serious the injury, the more violent the times, and the greater the possibility of identification. The most important thing in law is to provide evidence, so in case of domestic violence, we should pay attention to collecting evidence as soon as possible, try to call the police every time and make records, and keep relevant evidence such as medical records, photos and videos.
Another is to learn to distinguish people who are prone to domestic violence, saying that the injury is stifled in the cradle. Characteristics of people who will have domestic violence:
Emotional polarization. Emotion is very unstable and often moody. You never know what his mood will be like in the next second and when it will explode.
What you said is not what you said. He may be a handsome gentleman outside and keep a good image. But secretly, he is a completely different person, bossing people close to him.
Strong, sensitive, suspicious. Always beware of the other party having friends of the opposite sex and showing distrust everywhere. Moreover, the desire for control is extremely strong, which often limits the scope of communication of the other party.
Sometimes I feel extremely inferior, and sometimes I feel extremely confident.