How to protect rights in case of domestic violence?
1. Seek mediation from people's mediation organizations (residents' committees, villagers' committees, women's federations).
2. Complain, reflect or ask for help to the unit where the perpetrator works.
3. Seek shelter and temporary living assistance from domestic violence shelters.
4. Seek legal help from legal aid agencies.
5. Report the case to the public security organ and ask the police to stop the violence and apply for injury identification; If the circumstances of domestic violence are minor, the public security organ shall criticize and educate the offender or issue a "warning".
How to seek legal aid for domestic violence
According to the Marriage Law, the Law on the Protection of Women's Rights and Interests jointly formulated by the the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice, the Ministry of Health and the All-China Women's Federation, and the Opinions on Preventing and Stopping Domestic Violence issued by the China Applied Law Society of the Supreme People's Court, victims of domestic violence have the following ways to protect their rights:
1. Women who are victims of domestic violence have the right to make requests, and the residents' committees and villagers' committees and their units shall dissuade and mediate.
2. For the ongoing domestic violence, the victim woman should call "1 10" in time, and the public security organ should stop it.
3. If the violence causes minor injuries to the murdered woman, the public security organ may be required to give the perpetrator warning, fine, detention and other public security management penalties.
4. Women who have suffered from domestic violence for a long time can ask for divorce on the grounds of domestic violence, and get compensation for divorce damages including personal injury and mental damage during divorce.
5. For domestic violence that has constituted a crime, the victimized woman may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law. The victim or his near relatives may report to the public security organ the violence that causes the victim to be seriously injured or killed, and the public security organ shall investigate according to law, and the people's procuratorate shall initiate a public prosecution according to law. If the victim is unable to tell because of coercion or intimidation, or because of old age, illness, blindness or deafness, his legal representative or close relatives may tell him on his behalf.
6. Victims can seek help from women's federations or women's public welfare organizations in time.
What evidence does domestic violence divorce need?
After the occurrence of domestic violence, residents' committees, villagers' committees, women's federations, shelters and their units and organizations shall be required to stop, dissuade and mediate in time. You can submit the written materials issued by the corresponding institutions as evidence.
Specifically, domestic violence divorce requires the following evidence:
1. When a husband commits domestic violence, he shall promptly ask the residents' committee, villagers' committee, women's federation, shelter and their units and organizations to stop, dissuade and mediate. You can submit the written materials issued by the corresponding institutions as evidence.
2 police records and interrogation records of public security organs. Part of the evidence is important evidence that one party commits domestic violence. The police record can prove the way of reporting the case, the cause of the case, the alarm time and the result of handling the case.
3. Testimony of witnesses. The occurrence of domestic violence, in addition to both parties, the testimony issued by their children and neighbors is also a strong evidence that one party has committed domestic violence.
4. Audio-visual materials. Audio-visual materials are indirect evidence and cannot prove the facts of the case alone or directly. In addition to court review and verification, it needs to be mutually verified with other evidence in order to form a chain of evidence to be recognized.
5. Written evidence. Guidelines for the trial of marriage cases involving domestic violence, repentance books, etc. Sent by the offender to the injured party for reasons such as guilt and maintaining marriage. It can be directly submitted to the court as written evidence before litigation.
How to obtain evidence of domestic violence
1. Witness's testimony. When the domestic violence happens, there may be other witnesses, such as the security guards in the community, such as their parents or family friends, nannies or neighbors. If these people witness the occurrence of domestic violence, they can do some community activities.
2. If you call the police after domestic violence, the police will report the situation. Usually the police have a set of legal procedures to deal with domestic violence. The general police will ask the abuser and the victim separately at the police station and make a record.
3. Go to the hospital in time after suffering from domestic violence. The hospital's diagnosis certificate and treatment evidence can be used as evidence of domestic violence. If the victim's injury is serious, the public security organ shall issue a letter of introduction for forensic expertise to conduct judicial expertise on the injury. At the same time, the victim needs to go to the hospital for treatment in time, and then provide the hospital's diagnosis certificate, medical fee receipt and medical record during the treatment. These documentary evidence should be well preserved, including the continuous treatment of the victim in the later period, and the relevant documentary evidence should also be properly preserved.
4. If the victim has complained to the Women's Federation about the violence of family members, and the comrades of the Women's Federation have also handled the matter and sought mediation from the other party, then the Women's Federation has original work records and can issue separate documentary evidence on the domestic violence that has occurred.
5. If such problems have been reported to the neighborhood committee or village committee, relevant institutions can also issue documentary evidence.
6. If the victim has sought help from both parties or one party's work unit, the leader of the work unit can also issue documentary evidence for him on behalf of the unit, and of course it can also take the form of lawyer investigation.
7. If the victim and the perpetrator have a complete memory when there is a dispute, then this complete memory can also be used as collateral evidence, or when both parties agree to talk about divorce or compensation, the other party can also have a complete memory without denying the violence.
8. After the occurrence of domestic violence, if the other party writes a letter of guarantee, a confession, a letter of commitment and other documents. These written materials that guarantee that violence will not happen again can also be used as evidence.
9. After being beaten by the other party, if you take relevant photos or have video materials, it can also be used as evidence.