1. According to Article 43 of the Marriage Law, if domestic violence is committed, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate. The victim has the right to make a request for the ongoing domestic violence, and the residents' committee, villagers' committee and their units shall discourage it, and the public security organ shall stop it. If domestic violence is committed and the victim makes a request, the public security organ shall impose administrative punishment in accordance with the Law on Public Security Administration Punishment.
2. According to the provisions of Article 32 of the Marriage Law, the occurrence of domestic violence can be regarded as the legal cause of divorce, that is to say, the victim of domestic violence can regard violence as the condition of divorce, as the right granted to the victim by law, and the injured party may not ask for it, and the court cannot judge the parties to divorce on this ground.
3. According to the provisions of Article 46 of the Marriage Law, victims of domestic violence can apply for fault compensation after divorce, that is, after divorce, they can ask the other party for compensation according to the provisions of the Marriage Law on divorce fault compensation, and at the same time, the victims can directly ask the infringer to bear tort damages according to the provisions of the General Principles of the Civil Law.
4. According to the provisions of Article 45 of the Marriage Law, if domestic violence constitutes a crime, criminal responsibility shall be investigated according to law, and the victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law. The public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law. Marriage law, as a civil law, does not provide separate charges for domestic violence. Whether domestic violence constitutes a crime and how to punish it must be solved through criminal law. For example, China's criminal law stipulates the crime of abuse and intentional homicide. If domestic violence meets the constitutive requirements of one of the crimes, it can be punished according to the provisions of the criminal law on the crime, and the victim can get effective assistance according to law.
Knowledge expansion-measures to be taken in case of domestic violence;
1. If violence is happening, we should try our best to ensure the personal safety of ourselves and our children. If your life is in danger, you should call for help loudly, and let your neighbors hear you as much as possible or find an opportunity to dial "1 10".
2. Complain as soon as possible. Tell relatives and friends to complain to neighborhood committees, village committees, police stations, judicial offices, women's federations, and "1 10" alarm service centers, and coordinate to resolve conflicts without aggravating the situation, or consult with various consultation centers.
What should I do when domestic violence happens?
In order to understand the causes, conditions and characteristics of domestic violence, we call on more people to care about the vulnerable groups in the family so that the victims of domestic violence can get better help. "In the face of her husband's violence, you can't fight violence with violence, and that result will only be counterproductive. This will inevitably lead to the tragic result of the whole family. Women, use civilization to eliminate domestic violence. " Some domestic violence can be prevented and avoided. Wives can use various means, such as law, relatives and friends, units, children and so on. Dealing with domestic violence in a civilized way. "For different reasons, different strategies can be implemented to prevent domestic violence. Countermeasure 1: Domestic violence under impulse. Women play the role of mother in the family and play an important coordinating role in the relationship between family members. If there is a quarrel between husband and wife, the wife can take silence, appropriate concession or avoidance to distract her husband's anger, and never add fuel to the fire. After the husband's anger subsides, the wife should be more tolerant, take the initiative to ask the reason of her husband's anger, analyze the faults of both sides in today's quarrel with her husband, sum up the lessons at the same time, and suggest to her husband that the two sides should sit down and talk calmly in the future, instead of quarreling and fighting to solve the problem. Countermeasure 2: Domestic violence due to narrow-mindedness and strong suspicion. If the husband is violent to his wife because he is narrow-minded and suspicious, then the wife should pay more attention to communication with her husband in peacetime and pay attention to transparency in making friends; At the same time, the wife should also publicize the "prohibition of domestic violence" in the new marriage law to her husband and help him establish legal awareness with legal civilization. Faced with this situation, when there is a conflict between husband and wife, the child can also be used as a lubricant to let the child explain the situation to her husband and eliminate misunderstandings. Countermeasure 3: Domestic violence due to the disparity in economic income between the two parties. Women's economic independence is an important condition for obtaining family status. If the husband's income is high, and women have no job, women should be self-respecting, confident and self-reliant, and should bravely go out of the house and look for a job; If you really can't find a job, you should also explain to your husband that doing housework at home is also a contribution to society and a kind of labor. Take the initiative to fight for the legitimate rights and interests in the family, and never try your luck with a tyrannical husband. In the life of husband and wife, both sides must strengthen communication and exchange; There is also the need to respect each other, meet and discuss things, and have the right to give reference opinions. Once the other party makes a decision, support it, don't oppose it at will, and especially don't conquer the other party by violence. If you are suffering from domestic violence, "you must be careful of your husband's first domestic violence." "Many vicious cases of domestic violence are caused by the wife's repeated concessions, which leads her husband to be unscrupulous." The husband's first domestic violence cannot be ignored. If the husband's first violent behavior is easy to succeed, and the husband does not realize the seriousness and legal consequences of this violent behavior afterwards, then his violent behavior will gradually escalate and intensify. It is suggested that a wife should inform her husband's employer, her husband's parents and relatives in time when facing the first domestic violence, and warn her husband of this behavior. Secondly, if violence occurs, we should pay attention to collecting evidence. The victimized women should go to the above-mentioned hospitals for treatment as soon as possible, and inform the doctors of the reasons for the injuries, and ask the doctors to record the injuries in detail, accurately and objectively, so as to create conditions for further judicial expertise. Third, you can ask the local women's Federation for help and seek * * * assistance. Many women are reluctant to leave their names or addresses when they complain to women's federations at all levels after domestic violence. After receiving such telephone complaints, the Women's Federation could not provide help to the women victims because they could not find the victims. Therefore, battered women must leave their real names and addresses when complaining, and the Women's Federation will provide them with timely help and keep them confidential. Fourth, you can resort to the law and use legal weapons to safeguard your legitimate rights and interests.
What should a woman do if she encounters domestic violence? How to prevent domestic violence? 10 point
I can really forgive you for the first time, but my feelings will definitely not return to the past. The second time, you have to think about it. The third time, you can leave gracefully without thinking!
How to deal with domestic violence?
According to the compensation of the Supreme Court, if you divorce, the court will support you! And, you can ask for compensation!
What should I do about domestic violence?
Every time he hits you, you call the police and go to the hospital. These are all evidence, which can be used as evidence in favor of oneself in future divorce proceedings.
What should a woman do if she encounters domestic violence?
It's best to choose divorce,
Such a person is not worth living,
You can also sue for divorce,
Collect evidence of domestic violence,
When was the domestic violence law promulgated? How to deal with domestic violence before the law is promulgated?
It better be wrong. Don't talk to her. Can't you watch it? Aha, Ross is comfortable, and then what kind of relationship will he develop?
How to deal with domestic violence and wife beating?
Hello, what should I do if I encounter domestic violence? The following are 10 ways to help:
(1) You can find a community women's organization to educate and persuade your husband;
(2) You can report the case to the local police station and ask them to deal with your husband according to the Regulations on Administrative Penalties for Public Security, and ask them to leave a record;
(3) you can report the situation to the street and district women's federations and ask for help;
(4) If you are injured, you must go to the hospital for diagnosis as soon as possible, ask the doctor to issue a detailed injury certificate, and ask people to take clear photos of the injury and keep them properly;
(5) If you are seriously injured and want your husband to be punished by law, you can sue him for injury to the court and apply to the relevant departments for injury identification, which will be the most favorable evidence to judge the extent of his injury to you;
(6) If you are injured and cannot defend yourself, you can call for help loudly and call110;
(7) If you are threatened by serious violence, you must pay attention to protecting yourself. You don't need to come back to him like a trembling lamb and bear unpredictable dangers;
(8) The idea that "being beaten is a scandal", "Don't wash your dirty linen in public" and "admit that you are unlucky" is the most dangerous. They told you to give up fighting and asking for help. You should know that only by sincerely resisting this kind of violence can outside help exert its greatest power.
(9) In order to get rid of this pain forever, you can divorce him, and the evidence that he beat you is also strong evidence for divorce proceedings;
(10) You can make your own request to the court according to Article 46 of the Marriage Law, "If divorce is caused by domestic violence, the innocent party has the right to claim damages". When violence occurs, women should not show weakness.
In addition, paying attention to the first violent incident after marriage is very important to prevent domestic violence. Many domestic violence occurs repeatedly, largely because of the repeated tolerance of women, making male violence a habit. When violence occurs, women should not show weakness, and let their husbands know that you can't tolerate violence. Marriage is full of psychological contest, and any marriage mode is created by themselves. Men and women in love should pay attention to the relationship between their parents now. Because research shows that violence comes from study, families with a history of violence are more prone to violence.
How to deal with domestic violence? 200 points
There is no solution to this matter (the antidote is oneself, but age is medicine, and he may understand it when he is old)
This kind of thing is a matter of moral quality, and the law can't control it. Men can procrastinate, but women can't. There is still room for early liberation. How can a man who drinks and beats his wife live with him all his life? I can't be happy with him all my life.
Whether it's for the children or for yourself, find a better one. I don't know much about the law, but in this case, I feel that both children will be awarded to the mother. Consult a lawyer.
It is not so much the ruin of a marriage as the sin of tearing down ten temples.
The above suggestions are for reference only. If there is any similarity, it is purely a misunderstanding.
What should a family with strong domestic violence do if it goes too far?
My family is like this. I suggest leaving early and be happy. Two people who have no feelings are forced to be together because of the persuasion of relatives and friends. In the end, it will only be a kind of torture for both of them and the children! My childhood was full of quarrels. I'm 25 years old, but I've never thought about getting married (I'm not bragging, I've long wanted to get married). I'm really afraid that my family will repeat my parents' situation.