After leaving the hospital, Xiaoli didn't go back to her family. She went directly to her sister's house, consulted a lawyer and prepared to sue. After consulting, I learned that when I was angry and beaten, I sometimes secretly recorded it and occasionally called the police. Although the man made a beautiful promise in front of the police, he would still beat her after the quarrel. But I didn't know until I asked my lawyer that the audio and video I had saved before were too useful for my prosecution.
After the trial, the man looked like a crocodile, saying that he had always been good to himself and had never hit him. When he saw him take out those audio and video recordings in court, he immediately changed his face to see if his expression could strangle her. However, in front of the court judge bailiff, Xiaoli wanted to do it but dared not, but she was not happy. After the lawyer's explanation, Xiaoli knew that she was very likely to divorce this time, and finally she was not far from getting rid of this demon.
In the past few years after marriage, Xiaoli has worked hard to build this home (of course, there is also the man's contribution), but she is not willing to let the man take a penny anyway. So Xiaoli urged the court to rule that the man went out clean. After all, it is an ironclad fact that he often commits domestic violence against himself. Xiaoli told him to get out of the house, stay away from it and not take anything with him.
The so-called "leaving home clean" means that when both parties decide to divorce, one party of the marriage asks the other party to quit the marriage without getting any property. Generally speaking, when divorcing, one party asks the other party to give up all the money and only take his own body. This is the explanation of Baidu Encyclopedia.
However, China's Marriage Law and its related judicial interpretations have no provisions on "going out clean", but there are provisions on compensation for damages to the innocent party. Article 46 of the Marriage Law:
In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
In other words, at the time of divorce, the innocent party can ask the guilty party to pay certain damages. For example, Xiaoli mentioned above can ask the other party to compensate for her losses on the grounds of domestic violence. Go out clean, because there is no relevant legal basis and no support from the court. Although there is controversy in the legal field on this issue, there is no clear legal provision at present, which is generally not supported in judicial practice.
Even if the two sides signed the so-called "gentleman's agreement" and "clean body leaving home agreement", it has no effect in court, and the contents of the agreement are generally not supported. Of course, this kind of agreement can be submitted as evidence to prove the breakdown of husband and wife's feelings, which can play a certain role in proving and is also appropriate.
It should be noted that Article 8 of Interpretation II of Marriage Law stipulates that the agreement on property division in divorce agreement or the agreement reached by the parties on property division due to divorce is legally binding on both men and women. The people's court shall accept the lawsuit brought by the parties for disputes arising from the performance of the above-mentioned property division agreement.
According to this article, the agreement of "going out clean" has a certain legal basis and may be supported by the court, but it is only possible to support it. However, in judicial practice, the court is still cautious about "going out clean" and there is no clear legal basis. It is quite difficult to get support.
Finally, remind people who may suffer from domestic violence to protect themselves as much as possible, and report to the police or complain to the relevant departments in time. For domestic violence, it is better to take up legal weapons to protect yourself and apply to the people's court for a "personal protection order" in time to better protect yourself!