After the occurrence of domestic violence, we must pay attention to collecting and preserving evidence. Evidence includes medical records, diagnosis books, alarm records, audio recordings, repentance books, letters of guarantee and so on.
choose a route
Path 1: Complain, reflect and ask for help.
Victims of domestic violence, legal representatives and close relatives shall complain, reflect and seek help from the injurer or the unit where the victim belongs, residents' committees, villagers' committees, women's federations and other units, and the relevant units must help the victims and deal with domestic violence.
Path 2: report the case.
The public security organs handle the perpetrators of domestic violence differently: if the circumstances are minor, they will not be punished by public security management. Criticize and educate offenders and give them a warning. If the circumstances are serious, the offender shall be given administrative penalties for public security, including fines and detention. If the circumstances are serious, criminal punishment measures shall be taken against the offenders. The perpetrator may be suspected of violent interference with freedom of marriage, abuse, intentional injury, intentional homicide, insult and other crimes.
Path 3: Prosecution.
For a criminal case of private prosecution, the victim or legal representative may directly apply to the court for a personal safety protection order. The victim or legal representative may apply to the people's court for a personal safety protection order, and the court may take the following measures according to the situation: prohibiting the respondent from committing domestic violence; Prohibit the respondent from harassing, stalking or contacting the applicant and related close relatives; Ordering the respondent to move out of the applicant's residence; Other measures to protect the personal safety of the applicant.
If the respondent violates the writ of habeas corpus 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.
Path 4: Divorce.
Domestic violence is one of the criteria for the breakdown of marriage relationship confirmed by the Marriage Law. At the time of divorce, the victim can also claim compensation.
Lawyer's tip
12338 Women's Federation Rights Protection Hotline, 12345 Government Service Hotline, 12348 Public * * Legal Service Hotline. If necessary, call10, or choose121.