How do I treat my husband when he hits me?
How do I treat my husband when he hits me? With the development of society and the improvement of women’s status, domestic violence is certainly a problem in marriage. It’s a very serious matter. As a man, if you hit a woman, the consequences are actually very serious. Let me share with you how to treat my husband when he hits her. How to treat me when my husband hits her 1
Domestic violence is what men are most afraid of. It is the wife who should take up legal weapons to protect herself.
Regardless of whether you are a man or a woman, when encountering domestic violence, try not to intensify the conflict on the spot. During the quarrel, try not to touch the other party's bottom line or deliberately provoke the other party. You should first avoid their sharp edges and ensure that When it is safe for you, look for a suitable opportunity to leave. After that, call the police in time to request help from the police. If it constitutes a minor injury, it can be handled as a criminal case. In addition, you can also seek help from the nearest neighborhood committee or local Women's Federation. According to relevant legal provisions, neighborhood committees and other departments have the obligation to stop domestic violence. If you are physically injured, you should go to the hospital for treatment in time, and keep the medical records, X-rays, etc., because these case materials can be used as evidence when filing for divorce.
In addition, our country’s civil law also stipulates that if one party commits domestic violence and the other party files for divorce, but mediation by the People’s Court is ineffective and the relationship has indeed broken down, the People’s Court shall grant divorce. , you can also request damages from the People's Court. The so-called domestic violence and abuse refers to the physical abuse that occurs between family members and between family members in the form of beating, binding, physical mutilation, confinement, freezing and starving, personality destruction, mental intimidation, sexual violence, etc. , behaviors that harm, destroy, and torture mentally.
Legal Basis
"The People's Republic of China" and "General Principles of the Civil Law"
Article 1079 If one party to the divorce proceedings requests for divorce, the relevant Organize mediation, or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the people's court should conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce should be granted.
Divorce should be granted if mediation fails in the following circumstances:
(1) Bigamy or cohabitation with others;
(2) Domestic violence or abuse , abandoning family members;
(3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions;
(4) Living apart for more than two years due to emotional discord ;
(5) If the People's Court hears a divorce case and is dissatisfied with the judgment, the People's Court shall grant the divorce. p>
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
After the people's court decides that divorce is not allowed, and the two parties live separately for more than one year, and one party files for divorce again, the divorce shall be granted.
How to treat my husband when he hits me 2
1. The husband commits domestic violence against the children during divorce
During divorce, the court usually deals with child custody disputes like this Handled: When the child reaches two years old, the court will determine the child's ownership based on the actual situation of both parties and the child's growth principles. When the child reaches ten years old, the court will also seek the child's opinions. Child custody: Breastfed children are in principle raised by their mothers. Children over eight years old are asked for their opinions. Others are determined by who is conducive to the healthy growth of the child. The work, income, education, etc. of both husband and wife are comprehensively considered. The other party pays support based on 20-30% of the fixed income and has the right to visit.
The principle of the court's decision is based on the interests of the child and the specific circumstances of both parties. If the other party has domestic violence and there is evidence that the other party is the woman and has committed domestic violence against the child, then the court will award the woman the right to The odds are high.
Article 1084 of the Civil Code (effective from January 1, 2021) The relationship between parents and children shall not be eliminated due to the divorce of the parents.
After a divorce, children remain the children of both parents, whether they are raised directly by the father or the mother.
After divorce, parents still have the rights and obligations to raise, educate and protect their children.
After divorce, children under two years old shall be directly raised by their mother. If the child has reached two years old and the parents cannot reach an agreement on the custody issue, the People's Court shall make a ruling based on the specific circumstances of both parties and in accordance with the principle that is most beneficial to the minor child. If the child is over eight years old, the child's true wishes should be respected.
2. How to get a divorce if your husband has domestic violence
You can divorce your husband, which saves trouble; if your husband does not agree, first fix the evidence that your husband has domestic violence, and then file a divorce lawsuit. If the lawsuit is based on domestic violence or emotional breakdown, the court will usually order a divorce.
If you suffer from domestic violence, you should report it to the police. The records of the police station can be used as evidence; the outpatient and inpatient cases of the hospital can also prove the extent of domestic violence.
According to the "Marriage Law", if a divorce is caused by domestic violence, the innocent party has the right to request damages. Damages include moral damages and material damages.
3. What evidence is needed to prove domestic violence
1. Witness testimony. Domestic violence may be witnessed by others, such as community security guards, parents or family friends, nannies or neighbors, etc. If these people have witnessed the occurrence of domestic violence, you can do some communication with them as early as possible, and you can entrust a lawyer to state the situation to the witnesses and record the evidence through investigation and evidence collection.
2. After domestic violence occurs, if you have called the police, the police will have a record of the incident. Usually the police will have a set of legal procedures to deal with domestic violence. The police will usually conduct interviews with the perpetrators and victims at the police station. The interviewers conducted separate inquiries and took notes.
3. After domestic violence, you should go to the hospital promptly. The hospital’s diagnosis certificate and treatment certificate can be used as evidence of domestic violence. If the victim's injuries are serious, the public security agency should issue a letter of introduction for forensic identification to conduct a forensic appraisal of the injury. At the same time, the victim needs to go to the hospital for treatment in a timely manner. During treatment, the hospital's diagnosis certificate, medical expense receipts and medical records will also be provided. These documents should be properly kept, including when the victim continues treatment later, relevant documents should also be properly kept.
4. If the victim has complained to the Women’s Federation about violence by a family member, and the comrades of the Women’s Federation have already handled the matter and asked the other party to do mediation work, then the Women’s Federation agency must have original work records , the domestic violence that has occurred must also be recorded separately; if the neighborhood committee or village committee reflects this problem, the relevant agency can also issue a certificate; if the victim has sought help from both parties or the work unit of one of the parties, the work unit will The leader of the unit must issue a certificate on behalf of the unit, and of course, a lawyer's investigation method can also be used.
5. If there was a call recording when a dispute occurred between the victim and the perpetrator, the call recording can also be attached as evidence, or the other party is negotiating with the other party in the divorce agreement or compensation matters. and did not deny the call recording when committing violent acts.
6. After domestic violence occurs, if the other party writes a letter of guarantee, a letter of confession, a letter of commitment, etc., these written materials guaranteeing that violence will not occur again in the future can also be used as evidence.
7. Photos or videos taken when being beaten by the other party can also be used as evidence.
In practice, if the husband commits domestic violence, when deciding on child custody during divorce, the child is often awarded to the woman. This is also for the sake of the child's future life and growth. At this time, the wife can also file a divorce damages lawsuit with the court at the same time and require the husband to make corresponding compensation.
How should I treat my husband when he hits me? 3
Can I apply for compensation for domestic violence and divorce?
Can I apply for compensation in a domestic violence divorce? The party who suffered domestic violence has the right to request damages.
According to the relevant provisions of my country’s Marriage Law and its judicial interpretations, in cases of divorce due to domestic violence, the at-fault party can request compensation from the at-fault party during the divorce.
Note:
The scope of domestic violence and divorce compensation includes two aspects: material damage compensation and mental damage compensation.
Material losses mainly include medical expenses, lost work expenses, living allowances for the disabled, etc. due to physical and mental injuries.
The specific amount of compensation for mental damages shall be determined by the court based on factors such as the level of local economic development, the extent of the at-fault party's infringement, and the degree of injury suffered by the injured party.
At what level of domestic violence can a sentence be imposed?
If the domestic violence is minor, administrative penalties may be imposed.
Paragraph 3 of Article 43 of the "Marriage Law" stipulates that if domestic violence or abuse of family members is committed and the victim makes a request, the public security organ shall impose administrative penalties in accordance with the provisions of public security management penalties.
Article 22 (4) of the "Regulations on Public Security Management Punishments" stipulates: If the abused person requests to deal with the abuse of family members, which is not enough for criminal punishment, he shall be detained for not more than 15 days and a fine of not more than 200 years. A fine of less than RMB 10,000 or a warning.
If the domestic violence is serious, it will constitute the crime of violent interference with the freedom of marriage, the crime of abuse, the crime of intentional injury, the crime of insult and other crimes in the criminal law.
The penalties for these crimes are as follows:
Article 257 of the "Criminal Law": Anyone who violently interferes with the freedom of marriage of others shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention .
Whoever commits the crime in the preceding paragraph and causes the death of the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The first crime shall be dealt with only after being informed.
Article 234 of the "Criminal Law" Whoever intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years. Life imprisonment or death penalty. If this law provides otherwise, such provisions shall prevail.
Article 260 of the "Criminal Law": Anyone who abuses a family member, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Whoever commits the crime in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The crime in the preceding paragraph will only be dealt with upon complaint, except where the victim is unable to complain or is unable to complain due to coercion or intimidation.
Article 246 of the "Criminal Law" Whoever openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights.
Anyone who commits the crime in the preceding paragraph will be dealt with after being informed, except for those that seriously endanger social order and national interests.
When encountering domestic violence, you can take the following methods
1. You can call the women’s rights hotline: 12338 to report and report;
2. Call the residents committee in time , village committees, women's federations, shelters, and units and organizations where they work to stop, discourage, and mediate;
3. Directly reporting to the public security organs is an important way to report domestic violence;
4. Apply to the People’s Court for a personal safety protection order.