Lawyer Wang also listened to the statements of many violent parties. Domestic violence is far from the simple housework that some people understand as "fighting at the end of the bed". It's just the difference between zero and countless times. After encountering domestic violence, only by retaining evidence and seeking help can we start a new life. If you are unfortunate enough to encounter domestic violence, how should you use legal weapons to protect yourself and minimize the damage?
1. First of all, we should know the types of domestic violence:
1 hermaphrodite: good at camouflage, one set before, one set after. A gentleman is a good man in front of people (sunshine), and his wife is abused by animals behind his back (darkness). ?
2 hair style: usually it starts because of emotional excitement, and the emotional control is poor. If it happens periodically, it will turn to masculine and feminine.
③ Mad dog type: Anyone who dares to "bite" may be violent.
2. In life, most domestic violence is hermaphrodite. They are good at dealing with social relations and don't even lose their temper with friends, colleagues and bosses. Such people use violence and have a strong purpose. He knows who can't fight, who can fight, where to fight and how many times to fight. It is generally hard for outsiders to believe that he is a violent maniac.
3. For the man's first domestic violence due to emotional instability, you should immediately stop him and clearly emphasize: "You are a domestic violence, a domestic violence! You can't hit people like that! You weren't like this before! " Afterwards, it needs to end with a written apology from the man. (It is not excluded that the victim is male, and the attitude is the same as above. )
After the third point, he still couldn't control his emotions and continued to be violent. You have to pick up your mobile phone, lock it in your room, turn on the recording, and call 1 10 to call the police.
5. If it is too late to take the mobile phone to record, it is recommended to go to the hall and the place where there is monitoring at the door. If there is no monitoring, run outside and ask the neighbors for help.
6. On the night of the domestic violence or the next day, it is suggested that the woman come to a few strong men at home, make a clear attitude with the man, and call names appropriately.
7. In any case, be sure to call the police on the spot when the second domestic violence occurs. It is important to remember that when a woman is worried about divorce or has the weak psychology of "washing her dirty linen in public", it will only encourage the cruelty of a domestic violence man.
8. Install surveillance cameras with high definition, night vision, audio shooting and cloud storage functions at the door and lobby. To prevent love rat from damaging the memory card.
9. For those who have had many domestic violence, it is recommended that the woman move to her parents' home or rent a house by herself. Be sure to install monitoring! If the man finds that the woman has intimidation, beating, smashing and looting, and violence, the monitoring will all be filmed! Call the police to arrest people and apply for a writ of habeas corpus!
10. For domestic violence, instant audio and video recording is the best way to obtain evidence. If recording, the mobile phone is better than the recorder, and it is not easy to open and delete. Need cloud synchronization!
1 1. After the occurrence of domestic violence, the police should call 1 10 instead of directly calling the police station or the police. When calling the police, describe clearly to the police who you were beaten, how you were beaten, and how serious it was.
12. get ready before the police arrive:
① The mobile phone should always be in the recording state;
(2) Prepare in advance what to say after arriving at the police station, and how to say it, it is best to write it on paper;
③ Be mentally prepared. When the police arrive, they may say that you are a family dispute and will not handle it. You must insist that the man's domestic violence should at least be punished by public security, and it is a felony. Moreover, relevant laws and regulations should be prepared in advance for the police to see.
④ Be prepared psychologically. If the police ask you to give up your responsibility, you can tell the police that if the injury is not serious, you can accept the settlement, but only if the man must apologize and make a written guarantee about the beating.
13. Handling after the police arrive:
① The mobile phone should still keep recording; It is polite to talk to the police, simply explain the ins and outs of the matter and how the other party hit you; No matter whether the man admits not to admit domestic violence or the police's attitude, you must insist that the police take you back to the police station to make a record; (4) After arriving at the police station, you should explain the details of domestic violence clearly, carefully check whether it is consistent with what you said, and then sign the inquiry record.
14. You know, as long as you call the police after domestic violence, it is a public security case under the jurisdiction of the public security, and the police must accept it. There will be a receipt after you accept it, which may be of great use in the future. If it is serious, the public security will have to file a criminal case.
15. After arriving at the police station, it is best for the police to photograph the injured places one by one and ask for injury identification! If you don't take pictures, the other person will say that you hurt yourself and fell on the road in a few days, which has nothing to do with him!
16. You can also let your friends take pictures of the injured place with their mobile phones, and take continuous videos and send them to your circle of friends so that the outside world can't see them.
17. When you go to the hospital for medical treatment, you should clearly explain the cause of the injury, which is consistent with the record made by the police.
18. Written materials such as medical invoices, medical records, inspection records and diagnosis certificates should be kept for medical treatment. These are all extremely important.
19. For those who want to achieve the role of fixed evidence and warning, mediation/reconciliation can be completed on the same day.
20. Public security mediation/reconciliation has the following main points:
(1) Describe clearly and concretely who hit you when, where and how, and don't use descriptions with unclear responsibilities such as pushing each other, pushing one side, quarreling and hitting each other;
② Make sure that the man apologizes in the mediation/conciliation statement and promises not to use violence in the future.
(3) In giving up investigating legal responsibility, you just give up investigating his legal responsibility from the public security organ. ?
(4) For cases with sufficient evidence that the injury may exceed minor injuries, you can consider seeking medical treatment first, then conducting judicial expertise, and then making claims.
⑤ For the parties who want to divorce, it is suggested to entrust a lawyer to intervene quickly. The lawyer is responsible for interviewing the divorce and is responsible for the accountability. In this case, public order reconciliation is an effective way to realize quick divorce, economic benefits and child custody.
Finally, I want to say that it is not terrible to encounter domestic violence. The terrible thing is that I don't know how to fight back. Only when I accepted it, did I give the perpetrator a chance to hurt again and again. In case of domestic violence, we must think positively and actively seek help from the law, relevant authorities and relatives and friends.