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It's up to you what you think.
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You can take a picture with your phone.
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First of all, when the parties divorce, the domestic violence of one party is the main basis for the court to rule that the parties are divorced, and it is also the main basis for the innocent party to file for divorce damages.
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No, because she didn't beat you.
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Hello! We will be happy to answer your legal questions in this regard.
In general, the main evidence that can prove domestic violence is:
1. The victim reported to the police after suffering domestic violence.
2. Medical records or examinations issued by the hospital when the injured party seeks medical treatment**.
3. The results of the injury appraisal made by the relevant appraisal agency on the victim.
4. A written guarantee or relevant recording of the abusive party.
5. Testimonies of neighbors and friends.
If the babysitter, neighbors, friends, co-workers, etc., are present at the time of domestic violence and are willing to testify in court, their testimony can be used as one of the evidences to determine the existence of domestic violence, along with other evidence.
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The following types of evidence can be used as effective evidence to prove domestic violence: 1. Witness testimony: domestic violence may be witnessed by other persons when it occurs; 2. Alarm record:
If you have reported to the police after the domestic violence has occurred, then there will be a police record; 3. Injury report: the diagnosis certificate of the hospital and the certificate of **; Wait a minute.
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The police records that call the police and the mediation records of the neighborhood committee are counted as evidence, and if the neighbors see it, they are also counted as evidence if they are willing to testify.
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In the event of domestic violence and the other party has beaten up, you must report to the police in time and keep the receipt of the report. It is necessary to seek help or mediation from neighborhood (village) committees, women's federation organizations, judicial offices and other departments in a timely manner, and if there is mediation, the relevant written mediation materials should be retained.
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Collecting evidence of domestic violence is evidence that your wife committed violence. Evidence of the breakdown of the relationship between the husband and wife, the status of the property, the nature, etc. Domestic violence is a statutory condition for divorce, and a lawsuit may be filed with the court to request a divorce and division of the joint property of the husband and wife.
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A woman can't settle down, you can be a wife, now that a woman has no family, she should be made to suffer.
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The master's words, how do you know that his wife has no family style, and women are generally forced by men to go crazy!
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Then call the police, and if there are more police records, domestic violence can be used as evidence.
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The Civil Procedure Law of the People's Republic of China, which came into effect in 2012, clarifies that electronic data is a statutory type of evidence. The judicial interpretation of the Civil Procedure Law further clarifies that audio-visual materials include audio and video materials, and electronic data refers to information formed or stored in electronic media through e-mail, electronic data interchange, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.
As an emerging network media tool, WeChat integrates e-mail, online chat, blogs, QQ chat tools, online shopping, online payment platforms and other functions, due to its convenience, the number of people used in China has reached more than 500 million, and it is firmly in the chief position of the new information exchange platform. The information on the WeChat platform exists in the form of electronic data, which obviously falls within the scope of evidence stipulated in the Civil Procedure Law.
However, it is not easy for WeChat evidence to become the basis for determining the facts of the case, and regardless of the relevance between the content of the WeChat evidence and the facts of the case, two prerequisites must be met for WeChat evidence to be admitted:
First, the user of WeChat is both parties. Since WeChat is not a real-name system, if it cannot be proved that the user of WeChat is a party, then the WeChat evidence cannot be legally relevant to the case. There are four main ways to confirm the identity of WeChat users:
The opposing party admits that it is self-admitted; Identification of WeChat avatar or WeChat photo album**; Network real-name, electronic data sender authentication materials or identity authentication of the owner; A third-party organization, i.e., Tencent, a software company, assisted in the investigation. The first two ways are obviously accidental, and cannot be used as a normalized way to confirm the recognition, and the latter two methods involve the third-party technical assistance of the software company, but the process of benign operation has not yet been formed, and it is naturally impossible to submit a WeChat record by yourself as everyone thinks.
The second is the integrity of WeChat evidence. This condition relates to the authenticity and relevance of WeChat evidence, because WeChat evidence is a fragmented record of daily life, and if it is incomplete, it may be taken out of context, and it cannot reflect the complete true intention of the parties.
It can be seen that WeChat can be used as evidence of domestic violence, but it is also required accordingly. The above is the interpretation of this hot event, if you still have relevant legal questions, please consult the legal network.
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It does not mean that the other party hitting you once or twice constitutes domestic violence, but a long-term and continuous injury! If you are really hurt, please go to a regular hospital to have your injuries examined and preserve evidence, such as the tools used to beat people, and the clothes that have left blood stains after your injuries, etc.
This type of domestic violence is dealt with only after complaint in criminal law.
Article 260:Whoever abuses a family member, and the circumstances are heinous, is to be sentenced to up to two years imprisonment, short-term detention, or controlled release.
Where the crime in the preceding paragraph is committed, causing serious injury or death to the victim, a sentence of between two and seven years imprisonment is to be given.
If the degree of harm is not large, it is generally not to be identified. You can only solve the problem through civil litigation, if the relationship between the two people has indeed broken down, which is the best option for you to file for divorce!
In your case, the other party is obviously violent, which is not conducive to the growth of the child, and you only need to claim custody of the child to the court, which will generally be awarded to you. If the child is over 10 years old, the child can choose who will raise him/her.
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The first is generally more than a minor injury.
Second, there should be sufficient economic strength and an environment that is more conducive to the healthy physical and mental growth of children.
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The general doctrine of the law is that the degree of injury must be at least slight. Our Marriage Law is cautious about recognizing domestic violence. As for the custody of the child, it can be claimed that the other party is detrimental to the minor's physical and mental development.
The key is the collection of evidence and the determination of the degree.
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It's okay to do you damage.
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