Domestic violence, referred to as domestic violence for short, refers to the behavior that occurs between family members and physically, mentally and sexually harms and destroys family members by beating, binding, confinement, mutilation or other means. Pushing or slapping when a husband and wife quarrel is at best an emotional dispute between husband and wife and does not constitute domestic violence.
Domestic violence or maltreatment of family members, at the request of the victim, shall be given administrative punishment by the public security organ in accordance with the law on administrative penalties for public security. According to the Regulations on Administrative Penalties for Public Security, the public security organ can accept the case only if the victim requests to be dealt with according to law, and the public security organ will not handle it if the victim does not request it. Those who beat others, causing minor injuries, but not serious enough for criminal punishment, shall be detained for a maximum of 15 days, fined for a maximum of 200 yuan or given a warning.
What are the legal provisions on domestic violence?
First, the perpetrators of domestic violence that constitute a violation of public security management shall be given public security management punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Two, the respondent violates the personal safety protection order, which constitutes a crime, 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.
3. If schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service institutions, relief management institutions, welfare institutions and their staff fail to report cases to the public security organs in accordance with the provisions of Article 14 of this Law, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be punished by the competent department at a higher level or the unit to which they belong.
The above is the legal knowledge about whether slapping is a domestic violence. Slapping in the face is not a legal domestic violence in principle. If a slap in the face causes great harm to the victim, it can be identified as domestic violence, and the police should be dealt with at this time. You got it?
legal ground
Article 43 of the Law on Public Security Administration Punishment, whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.