Domestic violence refers to the behavior that the perpetrator causes certain harm to the body and spirit of family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Domestic violence is an illegal act that infringes on human rights and endangers society, and those who commit such acts should bear corresponding legal responsibilities according to law.
How to obtain evidence in domestic violence cases, the methods of obtaining evidence are:
1. Alarm. Once the police receive the police, they will definitely call the police, and their police record will become the best evidence, which is more powerful than the general evidence. However, there is a problem that the parties are often unwilling to take this approach out of concern and family relations.
2. Complain to the local women's federation. As a woman's family, the Women's Federation is strongly opposed to domestic violence. As long as complaints are made in time, the Women's Federation will carefully record and actively coordinate the handling of complaints after receiving them, and will also issue relevant certificates for future litigation.
3. Seek medical attention in time. Take hospital medical records and medical bills as evidence. Vulnerable groups often leave scars after being subjected to violence and need to go to hospital for treatment. However, there is a problem that it cannot be used as direct evidence, because medical records alone cannot prove the causal relationship between domestic violence and injury, and must be used together with other evidence. Such as the injury recorded in the medical record, the date of injury inspection, expense documents, etc. Consistent with police records, the probative power will be greatly increased.
4. Eyewitness testimony. Such as oral evidence from neighbors, relatives and friends. In fact, these are not difficult, as long as the parties are a little more careful.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 33 of the Domestic Violence Law of People's Republic of China (PRC), if the perpetrator commits domestic violence, which constitutes a violation of public security management, he shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 43 of the Law of People's Republic of China (PRC) 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 more than 200 yuan and less than 500 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:
1. Beating or hurting others in a gang;
2. Beating or injuring disabled people, pregnant women, people under the age of 14 or people over 60;
3. Beating or injuring others for many times or beating or injuring many people at one time.
Article 234 of the Criminal Law of People's Republic of China (PRC)
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.