How to judge the domestic violence law?

Chapter I General Provisions Article 1 This Law is formulated for the purpose of preventing and stopping domestic violence, protecting the legitimate rights and interests of family members, maintaining equal, harmonious and civilized family relations, and promoting family harmony and social stability. Article 2 The term "domestic violence" as mentioned in this Law refers to physical, mental and other violations committed by family members by beating, binding, maiming, restricting personal freedom and frequent abuse and intimidation. Article 3 Family members should help each other, care for each other, live in harmony and fulfill family obligations. Combating domestic violence is the responsibility of the state, society and every family. The state prohibits any form of domestic violence. Fourth people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in anti-domestic violence. The relevant departments, judicial organs, people's organizations, social organizations, residents' committees, villagers' committees, enterprises and institutions of the people's governments at or above the county level shall do a good job in combating domestic violence in accordance with this law and relevant laws. People's governments at all levels shall provide necessary funds for the work against domestic violence. Fifth anti-domestic violence work should follow the principle of giving priority to prevention, combining education, correction and punishment. Anti-domestic violence work should respect the true wishes of the victims and protect the privacy of the parties. Special protection should be given to minors, the elderly, the disabled, pregnant women, lactating women and seriously ill patients who suffer from domestic violence. Chapter II Prevention of Domestic Violence Article 6 The State carries out publicity and education on family virtues, popularizes knowledge of anti-domestic violence and enhances citizens' awareness of anti-domestic violence. Trade unions, communist youth leagues, women's federations and disabled persons' federations shall, within their respective scope of work, organize publicity and education on family virtues and anti-domestic violence. Radio, television, newspapers and the Internet should publicize family virtues and combat domestic violence. Schools and kindergartens should carry out education on family virtues and anti-domestic violence. Seventh relevant departments of the people's governments at or above the county level, judicial organs and women's federations shall incorporate the prevention and suppression of domestic violence into professional training and statistical work. Medical institutions should record the diagnosis and treatment of domestic violence victims. Eighth Township People's governments and sub-district offices shall organize the prevention of domestic violence, and the residents' committees, villagers' committees and social work service agencies shall cooperate and assist. Article 9 People's governments at all levels shall support social organizations such as social work service agencies to provide services such as mental health consultation, family relationship guidance and knowledge education on the prevention of domestic violence. Article 10 People's mediation organizations shall mediate family disputes according to law to prevent and reduce the occurrence of domestic violence. Article 11 If an employing unit finds that its personnel have domestic violence, it shall give criticism and education, and do a good job in mediating and resolving family conflicts. Article 12 Guardians of minors shall conduct family education in a civilized manner, perform their duties of guardianship and education according to law, and shall not commit domestic violence. Chapter III Disposal of Domestic Violence Article 13 Victims of domestic violence and their legal representatives and close relatives may complain, reflect or seek help from the injurer or the unit where the victim belongs, the residents' committee, the villagers' committee, the women's federation 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. Article 14 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service agencies, relief management agencies, welfare agencies and their staff find that people with no capacity for civil conduct or people with limited capacity for civil conduct have suffered or are suspected of suffering from domestic violence in their work, they shall promptly report to the public security organs. The public security organ shall keep confidential the information of the informant. Article 15 After receiving a report of domestic violence, the public security organ shall promptly send police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and injury identification. If a person with no capacity for civil conduct or with limited capacity for civil conduct is seriously injured due to domestic violence, faces a threat to personal safety or is in a dangerous state such as unsupervised, the public security organ shall notify and assist the civil affairs department to place him in a temporary shelter, a rescue management institution or a welfare institution. Article 16 If the circumstances of domestic violence are minor and the public security administration punishment is not given according to law, the public security organ shall criticize and educate the offender or give him a warning. The warning should include the identity information of the offender, the fact statement of domestic violence, and the prohibition of domestic violence by the offender. Seventeenth public security organs shall issue warnings to the perpetrators and victims, and notify the residents' committees and villagers' committees. Residents' committees, villagers' committees and police stations shall visit the perpetrators and victims who have been warned, and supervise the perpetrators not to commit domestic violence again. Article 18 The people's governments at the county level or at the municipal level with districts may set up temporary shelters alone or relying on relief management agencies to provide temporary living assistance to victims of domestic violence. Nineteenth legal aid institutions shall provide legal aid to victims of domestic violence according to law. The people's court shall postpone, reduce or waive the litigation costs of victims of domestic violence according to law. Article 20 When trying a case of domestic violence, the people's court may determine the facts of domestic violence according to the transcripts, warnings, injury appraisal opinions and other evidence of the public security organ. Article 21 If a guardian commits domestic violence and seriously infringes on the lawful rights and interests of the ward, the people's court may revoke his guardianship qualification according to law and appoint another guardian upon the application of the ward's close relatives, residents' committees, villagers' committees, civil affairs departments of people's governments at the county level and other relevant personnel or units. The offender whose guardian qualification has been revoked shall continue to bear the corresponding maintenance, support and maintenance expenses. Twenty-second trade unions, the Communist Youth League, women's federations, disabled federations, residents' committees and villagers' committees. Educate the perpetrators of domestic violence according to law, and provide psychological counseling to the perpetrators and victims when necessary. Chapter iv personal safety protection order article 23 if a party applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it. If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf. Twenty-fourth applications for personal safety protection orders shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it. Twenty-fifth cases of personal safety protection orders shall be under the jurisdiction of the basic people's courts in the place where the applicant or the respondent lives and where domestic violence occurs. Article 26 A personal safety protection order shall be made by the people's court in the form of a written ruling. Article 27 To issue a personal safety protection order, the following conditions shall be met: there is a clear respondent; Second, there are specific requirements; Three, have suffered from domestic violence or face the real danger of domestic violence. Article 28 After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within twenty-four hours. Article 29 A personal safety protection order may include the following measures: prohibiting the person under investigation from committing domestic violence; 2. The respondent shall not harass, follow or contact the applicant and his related close relatives; 3. Ordering the respondent to move out of the residence of the applicant; Four, other measures to protect the personal safety of the applicant. Thirtieth personal safety protection order shall be valid for no more than six months and shall take effect from the date of making it. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application. Article 31 If the applicant refuses to accept the rejection of the application or the respondent refuses to accept the personal safety protection order, he may apply to the people's court that made the ruling for reconsideration once within five days from the effective date of the ruling. If the people's court makes a personal safety protection order according to law, the execution of the personal safety protection order shall not be stopped during the reconsideration period. Article 32 After making a personal safety protection order, the people's court shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. Personal safety protection orders shall be executed by the people's courts, with the assistance of public security organs, residents' committees and villagers' committees. Chapter V Legal Liability Article 33 If an actor commits domestic violence, which constitutes a violation of public security administration, he shall be punished for public security administration according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the people's court shall give it a warning and may, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detention of not more than 15 days. Article 35 If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff fail to report cases to the public security organs in accordance with the provisions of Article 14 of this Law, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished by the competent department at a higher level or the unit to which they belong. Article 36 State functionaries responsible for combating domestic violence who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter VI Supplementary Provisions Article 37 Acts of violence committed by persons other than family members living together shall be handled with reference to the provisions of this Law. Article 38 This Law shall come into force as of March 6, 2065438 +0. The anti-domestic violence law has been implemented since 20 16. Although the law still has many shortcomings, it protects the legitimate rights and interests of victims to a certain extent. If you suffer from it but don't know how to get out of the predicament, you may wish to consult an emotional counselor and combine the anti-domestic violence law to get out of the current predicament. If you have a conflict with your partner and it is irreparable, don't lose heart. You might as well add an assistant to your emotional teacher and ask her to help you arrange a counselor who is good at solving emotional problems. First analyze the emotional problems and give you professional advice. /Heart number: How can the domestic violence law 2 judge the degree of domestic violence? Paragraph 3 of Article 43 of the Marriage Law stipulates that those who commit domestic violence or abuse family members shall be given administrative punishment by the public security organs in accordance with the regulations on administrative penalties for public security. According to the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security, if one of the following acts infringes on the personal rights of others, which is not serious enough for criminal punishment, he shall be detained for less than 15 days, fined for less than 200 yuan 1 or given a warning: beating others, causing minor injuries; 2. Illegally restricting the personal freedom of others or illegally invading other people's houses; 3, openly insulting others or fabricating facts to slander others, 4, insulting family members and asking for treatment; 5. Writing threatening letters or threatening the safety of others or interfering with their normal life by other means; 6. Coercing or tricking people under the age of 18 into performing horrible and cruel programs, which damages their physical and mental health; 7. Concealing, destroying or opening others' mails and telegrams without permission. Article 234 of the Criminal Law stipulates that whoever causes minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. How to protect rights in case of domestic violence 1, and seek mediation from people's mediation organizations (neighborhood committees, villagers' committees, women's federations). 2. Complain, reflect or ask for help to the unit where the perpetrator works. 3. Seek shelter and temporary living assistance from domestic violence shelters. 4. Seek legal help from legal aid agencies. 5. Report the case to the public security organ, request the police to stop the violence and apply for injury identification; If the circumstances of domestic violence are minor, the public security organ shall criticize and educate the offender or issue a "warning". What evidence is needed to prosecute domestic violence? 1. When a husband commits domestic violence, he shall promptly ask the residents' committee, villagers' committee, women's federation, shelter and their units and organizations to stop, dissuade and mediate, and the written materials issued by the corresponding institutions can be submitted as evidence. 2, the public security organ's police record, inquiry record. Part of the evidence is important evidence that one party commits domestic violence. The police record can prove the way of reporting the case, the cause of the case, the time of police dispatch, the result of handling, etc. 3. Eyewitness testimony. The occurrence of domestic violence, in addition to both parties, the testimony issued by their children and neighbors is also a strong evidence that one party has committed domestic violence. 4. Audio-visual materials. Audio-visual materials are indirect evidence, which cannot prove the facts of the case alone or directly. In addition to the court's review and verification, it needs to be mutually verified with other evidence in order to form an evidence chain and be recognized. 5. Written evidence. The "Repentance Letter" and "Guarantee Letter" issued by the criminal to the injured party for reasons such as guilt and maintaining the marriage relationship before the lawsuit can be directly submitted to the court as written evidence.