Acts that infringe upon the personal rights or other legitimate rights and interests of women, children, the elderly and the disabled by threats of violence, beatings, public insults, slanders, false accusations and slanders are all domestic violence. In addition, the behavior of forcing spouses (including spouses in husband-wife relationship) to work, as well as the control behavior or abusive behavior of spouses during the existence of property relations are all domestic violence. For women who cannot be prohibited by domestic violence law, victims can also file divorce proceedings in People's Republic of China (PRC) to solve the problem of rights relief. The Supreme People's Court's "Several Specific Opinions on People's Courts Handling Children's Support in Divorce Cases" also stipulates that people's courts should protect the rights and interests of minor children in divorce cases according to law; If the contradiction between family members intensifies, resulting in the loss of living ability of minor children and the inability to provide support, the legitimate rights and interests of minors shall be protected according to law; In cases involving multiple child support and property division litigation, the plaintiff shall provide evidence for the determination of children's living expenses. It is determined by the plaintiff's proof.
second, can domestic violence be regarded as a criminal offence?
Domestic violence is a typical criminal case, and it is difficult for the victim to get legal relief. The law gives more help to the victims, but because the crime of marital and domestic violence has not been legally regulated in China, it is impossible to carry out specific punishment measures. If a party suffers from domestic violence, it shall promptly apply to the people for a personal safety protection order, and the relevant departments shall protect the personal safety of the victim in accordance with the Law of People's Republic of China (PRC) on Domestic Violence. When trying cases of domestic violence, judicial organs should examine and investigate the evidence of domestic violence in accordance with the principle of benefiting the victims. For example, if the investigation results of the relevant departments show that it is domestic violence, a certificate should be issued to prove that the perpetrator committed domestic violence, and the injured party can file a divorce lawsuit or claim civil compensation according to law. These are the legal issues of domestic violence introduced by Guangzhou Shenglun Law Firm, hoping to help you!
third, how to apply for judicial expertise?
the application for judicial expertise refers to the process in which, in a lawsuit, the parties file an application for expertise, and after the appraisal institution accepts the application for expertise, according to the application of the parties, the relevant appraisers are determined through examination (excluding the judicial expertise entrusted by the parties), or relevant judicial expertise is conducted, and then the judicial expertise opinions or other written materials are issued. In judicial expertise, we will involve the protection of the personal information of the parties and appraisers. If personal information is leaked, we will face high legal responsibility. In addition, when dealing with domestic violence, we need to pay attention to the collection of evidence and other information, which can help us deal with the problem better. Domestic violence generally does not involve the disclosure of personal information, such as accidents. If the violence suffered by the parties may lead to a certain degree of mental breakdown and personality change, then the parties may apply to the judicial expertise institution after being subjected to violence. The application is reviewed by relevant institutions, and it is finally decided whether forensic identification is needed, or who will be the forensic appraiser to carry out forensic identification activities. In addition, the litigant's claim will not be rejected generally, and attention should be paid to whether it falls within the scope of habeas corpus.