If you suffer from domestic violence, you can take many ways to safeguard your legitimate rights and interests. First, you can try mediation. If mediation fails, the problem can be solved by filing a divorce lawsuit. According to the relevant provisions of the Civil Law of People's Republic of China (PRC), in a case of domestic violence, the victim may file a divorce application with the people's court for protection and compensation. In addition, according to the Anti-Domestic Violence Law of People's Republic of China (PRC), if a family member commits domestic violence, the victim can bring a civil lawsuit to the people's court, demanding to stop the infringement and compensate for the losses. If the perpetrator constitutes a crime, he can also call the police or report to the relevant departments to investigate his criminal responsibility. It should be noted that the specific procedures and compensation standards of divorce proceedings and domestic violence compensation proceedings should be consulted by professional lawyers or people's courts.
What should I do if I have a child after domestic violence? If domestic violence involves children, the victim can apply for protective measures for the children and ask the perpetrator to stop the violence. If parents divorce, the child's support, education, property and other aspects need to be further resolved through consultation.
After being abused by domestic violence, you can protect your legitimate rights and interests through divorce proceedings and domestic violence compensation proceedings. In addition, if children's problems are involved, further consultation is needed. If you encounter domestic violence, please seek legal aid and psychological counseling as soon as possible.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce was not allowed, if the two parties separated for one year and filed a divorce lawsuit again, divorce should be granted.