Domestic violence can not be claimed by the other party?

Article 46 of China's Marriage Law stipulates four torts: bigamy, cohabitation of a spouse with another person, domestic violence, and abuse and abandonment of family members. Therefore, in the case of personal injury to one of the spouses caused by domestic violence, the provisions of the Marriage Law should be applied. Specifically, a lawsuit for damages filed by a married party who has been injured by domestic violence must meet the following conditions at the same time:

First, the perpetrator committed domestic violence, which resulted in the violation of the spouse's right to health and body. Second, the perpetrator is subjectively at fault for committing the tortious act, and it must be intentional. Thirdly, it has led to the breakdown of the marital relationship, so that the spouse cannot file a separate action for damages before the divorce, but must file an action for damages at the time of filing for divorce or within one year of the divorce.

Fourthly, the spouse claiming damages is not subjectively at fault, i.e., he or she cannot be at fault in committing the domestic violence against the other party. Legal basis: Article 46 of the Marriage Law of the People's Republic of China has any of the following circumstances, and if a divorce is caused, the innocent party has the right to claim damages:

1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.

Hello, it is possible to claim moral damages in the event of a divorce.

Legal Analysis: Yes. According to the provisions of the Civil Code of the People's Republic of China, if a divorce is caused by domestic violence, the innocent party may request the at-fault party to pay compensation for the divorce.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If you have evidence to prove that you have suffered domestic violence, you can ask the other party for compensation, and in the case of divorce, you can claim compensation for moral damages as the innocent party. The main evidence is the police records and the hospital's diagnostic records.

1. Your family should immediately stop physically assaulting you, and you should be tough. It's not uncommon to see stupid parents who treat themselves as if they were their own private property. This requires the improvement of the quality of all members of society!

Second, you must report to the police station in time and report to the community where you are located, because once you file a court lawsuit to stop the personal assault and make compensation for the infringement. Your report to the police station and your feedback to the community are evidence of the court's decision.

3. Regardless of whether you are an adult or not, your family has an obligation to treat you, otherwise it is a sin of desertion. You should get back to health as soon as possible, because if you don't have health, everything is gone.

Fourth, you did not make it clear whether your family has the ability to treat you and compensate you. If you don't have this ability, it will be a waste of money and energy to file a lawsuit, so it's better to do something serious.

5. You should work hard to complete your studies and, if you have difficulties, at least acquire the skills to survive and be self-reliant.

Is the economy independent? If not, then there is no such thing as compensation.

Legal analysis: Regarding the domestic violence between husband and wife, then because of this reason, filing a lawsuit in the people's court is generally not supported, so you can't claim some compensation for mental damages, but you can get a divorce, and you can file for damages when you sue for divorce. Where the person entitled to compensation sues the person with the right to compensation for property losses or false mental damage due to the infringement of life, health, or body, the court shall accept it.

If, during the period of suspension of the marital relationship, one party has a spouse but cohabits with another person, or commits domestic violence, and the other party does not sue for divorce but files a separate claim for damages, the court will not accept it.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Where compensation can be claimed for domestic violence, the conditions such as the existence of domestic violence by only one party or the divorce of both parties due to domestic violence must be met. In addition, the scope of compensation shall include two parts: compensation for material damages and compensation for moral damages. According to the relevant provisions, in a case where the innocent party is the plaintiff, if he wants to obtain compensation for divorce for domestic violence, he must file a claim for compensation with the people's court at the same time as filing the divorce lawsuit.

Legal basis] Article 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

(4) Ill-treatment or abandonment of family members;

(5) There are other major faults.

Article 86 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

"Compensation for damages" as provided for in Article 1091 of the Civil Code includes compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the provisions of the "Interpretation of the Supreme People's Law on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

If the domestic violence causes the parties to divorce and the victim is not at fault, the victim can claim compensation. Compensation includes both material damage and moral damage. Material damage here mainly includes medical expenses due to physical and mental injuries, lost work expenses, living allowances for the disabled, etc.

Compensation for moral damages should be judged according to the circumstances of the specific mountain reputation.

[Legal basis].

Article 1091 of the Civil Code has the right to claim damages under any of the following circumstances, which results in divorce: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Here's how to protect yourself from domestic violence:

1. The victim has the right to apply for mediation to the residents' committee and other grassroots organizations and the unit to which he belongs.

2. A request may be submitted to the public security organs, and the public security organs shall stop it; Where the circumstances are heinous, the public security organs shall give them an administrative punishment of detention or a fine. Where minor injuries are constituted or more, criminal responsibility may be pursued in accordance with law.

3. You can file a divorce lawsuit with the people's court and claim damages.

Paragraph 3 of Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused:

(3) Committing domestic violence;

Article 1079, Paragraph 3 stipulates that in any of the following circumstances, if mediation fails, a divorce shall be granted:

(3) Committing domestic violence;

Paragraph 3 of Article 1042 prohibits domestic violence. Abuse and abandonment between family members are prohibited.

Legal basis: Article 1091, Paragraph 3 of the Civil Code.

If there is one of the circumstances that lead to divorce, the innocent party has the right to claim damages

(3) Committing domestic violence;

Article 1079 (3).

If there is any of the following circumstances and mediation fails, the divorce shall be granted:

(3) Committing domestic violence;

Article 1042, paragraph 3.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

If it is based on divorce, damages can be claimed. Ode to the type.

Legal basis: Article 1091 of the Civil Code.

In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim compensation for the damage caused by the rent loss:

a) bigamy; 2) Cohabitation with his brother who is cheating on the tenant;

(3) Committing domestic violence;

(4) Ill-treatment or abandonment of family members;

(5) There are other major faults.

Why not. Ask him to pay compensation and then divorce him. This kind of scumbag can't live a lifetime. If you don't take good care of your daughter-in-law, you can also be abusive.