Cohabitation violence is also domestic violence.
The draft law against domestic violence stipulates that domestic violence refers to the act of infringing on family members by beating, binding, maiming and forcibly restricting personal freedom. So domestic violence only exists between "family members"?
Commissioner the National People's Congress Standing Committee (NPCSC) Sun Dafa pointed out that in fact, in March this year, the Opinions on Joint Handling of Domestic Violence Crimes jointly issued by the Supreme Law, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice made it clear that violent crimes in custody, upbringing, foster care and cohabitation also belong to domestic violence.
According to the legal basis:
Thirteenth victims of domestic violence and their legal representatives and close relatives can complain, reflect or ask for help to the injurer or the victim's unit, residents' committee, villagers' committee, 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 county-level people's governments 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.
Legal liability
Thirty-third domestic violence, which constitutes a violation of public security management, shall be punished 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.