Is domestic violence a criminal case?

First of all, legally, if the victim is a woman, she can't apply for divorce. Article 31 of the Anti-Domestic Violence Law of People's Republic of China (PRC) stipulates that "domestic violence refers to physical, mental and other violations committed by family members by beating." The "body" mentioned in it refers to the body parts. Article 310th of the Criminal Law of People's Republic of China (PRC) stipulates that if domestic violence constitutes a crime, criminal responsibility shall be investigated according to law. Article 46 of the Marriage Law of the People's Republic of China stipulates that it is forbidden to commit any form of domestic violence against one of the spouses during the marriage relationship. If the spouse who is cohabiting with * * * makes a request for divorce after domestic violence, the people's court will not support it, but it can decide that the problem of child support should be solved by one party through agreement according to the fault of both husband and wife; If the agreement fails, the people's court shall make a judgment. Therefore, legally speaking, domestic violence can't be established, and divorce can only be done after court hearing.

1. If a woman is subjected to domestic violence, she must promptly complain to the Women's Federation, reflect the situation and ask for protection of her rights and interests.

Article 32 of China's Anti-Domestic Violence Law shall report to the public security organ in time when personal safety is threatened or faced with domestic violence. The public security organ shall accept the report and handle it by the public security organ. Priority should be given to handling cases of violence involving minors, the elderly, the disabled, pregnant women, soldiers and other special groups. The public security organ shall promptly dispatch the police to handle the case, and notify the victim, his legal representative and his near relatives of the result. Victims whose personal safety is threatened or who are threatened by domestic violence may also bring a lawsuit to the people's court according to law; If the victim brings a lawsuit to the people's court for intimidation, threat, stalking or harassment, the people's court will not accept it.

2. If the wife finds that her husband has committed domestic violence against herself, she must call the police in time, because at this time, men often think that domestic violence only violates their personal rights, but it is not;

I'm not going to the police. This is actually a wrong attitude. At this time, if the wife calls the police, she can't effectively control her husband or directly commit crimes before or after the police arrive; Before the police arrive, it is best not to commit secondary violence against the victim or the perpetrator. In order to identify the injury of domestic violence victims in time, we can identify the facts through evidence such as alarm records and witness testimony; You can apply to the court for personal safety protection order and divorce damages. If you find that your husband chooses to be silent or call the police at the first time, you must go to the hospital for treatment and seek medical treatment in time. If the doctor diagnoses the victim's injury, he will have to make an appraisal. If the appraisal result is minor, it is suggested that the actor write a letter of guarantee, which shall be signed by his parents or other legal guardians for the record; If it is a serious injury, it usually needs to be treated in the hospital for more than one year and has the treatment process and relevant supporting materials.

3. After the public security organ accepts the relevant litigation, the man shall file a criminal incidental civil lawsuit with the court in accordance with the procedures prescribed by law, demanding compensation for certain losses.

That man should sue in time. If a woman files a criminal incidental civil action in a divorce case, she shall hear the case in court in time without delay. According to China's Criminal Law, the crime of intentional injury refers to the act of intentionally hurting others' bodies or causing minor injuries by violence, threats or other means, resulting in serious injuries, deaths or heavy losses to public and private property. Therefore, intentionally hurting others' bodies must constitute the crime of intentional injury. Domestic violence is a civil tort and will be punished by law. But we can't ignore the demands of the victims just because there is domestic violence. If the victim of domestic violence can't get custody of his children in a divorce case, he can also file divorce proceedings. Therefore, under the premise of protecting women's rights and interests, domestic violence should also be classified as a criminal case, so as to protect women's rights and interests and promote family harmony.