According to the law, domestic violence by a husband against his wife is the basis of the breakdown of marriage. As long as the victim of domestic violence files a lawsuit for divorce with the people's court, even if the husband refuses to agree to divorce on the grounds that he is willing to correct the domestic violence, the people's court will grant divorce. The ways to deal with domestic violence are: you can apply to the people's court for a safety protection order; Then you can report the case to the public security organ, and the public security organ accepts the investigation and commits domestic violence against the perpetrator, which constitutes a violation of public security management and will be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
How to deal with the woman's domestic violence?
1. Social assistance: In case of domestic violence or maltreatment of family members, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate.
2. Civil relief: According to the Civil Code, the victim can claim damages from the injurer in divorce proceedings, including material damage and mental damage.
3. Criminal punishment: if domestic violence constitutes a crime, such as intentional injury, abuse, rape, etc., it shall be punished in accordance with the relevant provisions of the Criminal Law. The public security organ shall file a case for investigation, and the people's procuratorate shall initiate public prosecution according to law.
4. Administrative punishment: the victim has the right to make a request for the ongoing domestic violence, and the residents' committee and villagers' committee shall dissuade him; The public security organ should stop it.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 13 of the Domestic Violence Law of People's Republic of China (PRC)
Victims of domestic violence, their legal representatives and close relatives can complain, reflect or ask for help to the units where the perpetrators or victims work, residents' committees, villagers' committees, women's federations and other units. After receiving complaints, reflections or help from domestic violence, the relevant units shall give help and treatment.
Victims of domestic violence, their legal representatives and close relatives may also report to the public security organs or bring a lawsuit to the people's court according to law.
Units and individuals have the right to discourage domestic violence in time when they find it.