Is there any moral compensation for divorce after domestic violence?

It can be obtained because it is forced, and it is also hindered.

The heart hurts, and the whole family is broken. I think many people want to know, what is domestic violence? How to make up for divorce when you meet domestic violence by your husband.

The damage caused to the injured party by committing domestic violence mainly includes physical and mental damage

Legal Analysis: In the event of a divorce, the injured party can claim compensation for moral damages, i.e., the divorce can collect a fee for moral damages. The amount of moral damages is determined on the basis of the following factors:

1. The degree of fault of the infringer, unless otherwise provided by law; 2. Specific circumstances, such as the means of infringement, the occasion, the mode of conduct, etc.; 3. Consequences of the violation; 4. The infringer's profits; 5. The infringer's economic ability to bear responsibility; 6. The average standard of living in the place where the court is complained of.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" Article 10 The amount of compensation for moral damages shall be determined on the basis of the following causal factors: (1) the degree of fault of the infringer, except as otherwise provided by law; (2) Specific circumstances such as the means, occasions, and methods of conduct of the violation; (3) the consequences of the infringement; (4) the infringer's profits; (5) The infringer's economic ability to bear responsibility; (6) The average standard of living for the location of the court being sued.

Where laws and administrative regulations have clear provisions on disability compensation, death compensation, and so forth, the provisions of the applicable law or administrative regulations are to be applied.

At the time of divorce, the injured party can claim compensation for moral damages, that is, the divorce can collect a fee for moral damages, which is to maintain the new type of husband and wife relationship in China, protect the legitimate rights and interests of those who are not at fault in the divorce, and prevent and punish bigamy, extramarital cohabitation, domestic violence or abuse, abandonment of family members, etc.

The amount of moral damages is determined on the basis of the following factors:

1. The degree of fault of the infringer, unless otherwise provided by law;

2. Referring to the situation of the body, such as the means of infringement, the occasion, the mode of conduct, etc.;

3. Consequences of the violation;

4. The infringer's profits;

5. The infringer's economic ability to bear responsibility;

6. The average standard of living in the place where the court is complained of.

Where laws and administrative regulations have clear provisions on disability compensation or death compensation, the provisions of the applicable law or administrative regulations are to be applied.

1) The degree of the infringer's fault, except as otherwise provided by law;

2) Specific circumstances such as the means, occasions, and conduct methods of the invasion of the state;

(3) the consequences of the infringement;

(4) the infringer's profits;

5. The infringer's economic ability to bear responsibility;

(6) The average standard of living for the location of the court being sued.

Where laws and administrative regulations have clear provisions on disability compensation, death compensation, etc., the provisions of the applicable laws and administrative regulations shall be determined.

In the case of domestic violence, the scope of compensation is two aspects: material damage compensation and moral damage. Material damage here mainly includes medical expenses due to physical and mental injury, lost work expenses, living allowances for the disabled, and so on. Compensation for moral damages should be judged on a case-by-case basis, and in practice, the following factors will generally affect the amount of compensation:

1) The degree of fault of the infringer, except as otherwise provided by law; (2) the specific circumstances of the violation, such as the means, occasions, and modes of conduct; (3) the consequences of the infringement; (4) the infringer's profits; (5) the infringer's economic ability to bear responsibility; and (6) the average standard of living in the place where the court is sued. Where laws and administrative regulations have clear provisions on compensation for disability and illness, death compensation, etc., the provisions of the applicable law or administrative regulations shall apply. The specific amount of compensation needs to be calculated according to the actual situation.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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; Huai Bureau.

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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. Lead cover let.

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.

In the case of divorce due to domestic violence, there is generally compensation for moral damages. According to the law, if the divorce is caused by domestic violence, the innocent party can claim damages, and the above-mentioned damages include material damages and moral damages.

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

If there is one of the circumstances listed in the false list, resulting in divorce, the innocent party has the right to claim damages

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There is a major fault of his spine.

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 relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.