1, if the injuries caused more than minor second-degree injuries, it may constitute the crime of intentional injury;
2, if the injuries caused less than minor second-degree injuries, it is only illegal.
Domestic violence, no matter which party to which party, is illegal behavior, as long as it occurs between family members, to beat, binding, confinement, mutilation or other means of family members from the physical, psychological, sexual and other aspects of injury and destruction, then even if it is domestic violence.
Domestic violence divorce how to collect evidence
1, witness testimony. Domestic violence may be witnessed by other people, such as security guards in the community, such as their parents or friends at home and nannies or neighbors and so on. If these people have witnessed the occurrence of domestic violence, then you can do as early as possible to communicate with the work of lawyers can be entrusted to the investigation of the way to the witnesses in the form of transcripts and recordings of evidence;
2, in the occurrence of domestic violence, if ever reported to the police, then the police will have a record of the police, the police will have a whole set of domestic violence will have a set of statutory procedures, the police will usually be In the police station on the abuser and the victim were questioned, and make a statement;
3, in the domestic violence in a timely manner to the hospital, the hospital's diagnostic certificates and treatment of the vouchers, can be used as evidence of domestic violence. If the victim is seriously injured, should be issued by the public security organs of forensic identification of the letter of introduction to the injuries of judicial appraisal, at the same time, the victim needs to go to the hospital in a timely manner for treatment, then the treatment will also have a hospital diagnostic certificates and receipts of medical expenses and medical records. These documents should be properly preserved, including the victim's later continuous treatment, the relevant documents should also be properly preserved;
4, if the victim had complained to the Women's Federation of the family members of violence, the Women's Federation comrades have dealt with the matter, and to find each other mediation, then the Women's Federation of the agency both the original work records, but also for the domestic violence that has occurred
5, if the residents' committee or the villagers' committee to reflect this problem, the relevant agencies can also produce evidence;
6, if the victim has been to both sides or one of the work unit for help, then the leadership of the work unit on behalf of the unit to produce evidence, can also take the lawyer to investigate the method;
7, if the dispute between the victim and the abuser, there has been a call recording, then the call recording can also be attached as evidence, or the two sides in the agreement on divorce or compensation matters, the other side in the talk about the abusive behavior and does not deny the call recording can also be done;
8, in the occurrence of domestic violence, if the other party has written a guarantee, confession, commitment and other instruments to ensure that the future The first thing you need to do is to make sure that the person you're talking to has a good understanding of what you're talking about and what you're doing.
Legal basis: "People's Republic of China **** and the State Law against Domestic Violence," Article 16
Domestic violence is less serious, the law does not give the public security management punishment, by the public security organs of the perpetrator of the criticism of the education or issued a letter of caution.
The letter of caution shall include the identity of the victim, a statement of the facts of the domestic violence, and a prohibition on the victim from committing domestic violence.
Article 33
If the perpetrator commits domestic violence, which constitutes a violation of public security management, he or she shall be punished by public security management according to law; if it constitutes a crime, he or she shall be investigated for criminal responsibility according to law.