What to do after domestic violence, what to do after domestic violence

In the event of domestic violence, they should immediately report to the police and seek medical treatment, preserve evidence of domestic violence, and may also lawfully file a complaint with the people's court, the local neighborhood committee, the women's federation, and the unit.

Article 43 of the Marriage Law provides that the victim has the right to make a request for domestic violence or abuse of family members, and the residents' committee, villagers' committee and the unit to which he belongs shall dissuade and mediate.

Victims have the right to make a request for ongoing domestic violence, and residents' committees and villagers' committees shall dissuade them; The public security organs shall stop it.

Where domestic violence or abuse of family members is committed, and the victim requests it, the public security organs shall give administrative punishment in accordance with the provisions on public security administrative punishments.

1. What to do after domestic violence.

1. The handling methods after domestic violence are as follows:

1) In the event of domestic violence, the victim may seek treatment from a residents' committee, a villagers' committee, or a judicial organ, and may apply for a personal protection order when necessary;

2) You can go to the public security bureau to report the case, and the sentence will be imposed according to whether the circumstances are serious or not;

3) Where domestic violence causes minor injuries, it is an act of intentional harm, and the public security organs may place the perpetrator under administrative detention.

2. Legal basis: Article 234 of the Criminal Law of the People's Republic of China.

Intentional injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

2. What are the criteria for determining the crime of intentional injury.

1. The subject of the crime of intentional injury is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime;

2. The crime of intentional injury is manifested as intentional in the subjective aspect;

3. The object of the crime of intentional injury is the right to physical health of others;

4. The crime of intentional injury is objectively manifested in the commission of an act of unlawful bodily harm to another person.

If you have been buried by imitation birds and encountered domestic violence, the most important thing is to ensure the personal safety of yourself and your family to avoid the recurrence of domestic violence

1.If you are unable to move out temporarily, you should call the police and seek medical treatment as soon as possible when domestic violence occurs again, and fix the evidence by taking photos and videos.

2.Domestic violence is one of the circumstances of the breakdown of the relationship between husband and wife, as long as the evidence is sufficient, and the other party does not agree to the divorce, they can sue the court for divorce;

3.Those who divorce due to domestic violence can request compensation, and in serious cases, they can even report the case to make the other party bear criminal responsibility, that is, they may go to prison.

In addition, it is necessary to pay attention to the fixed evidence, if you have a certain sense of evidence fixation, then it is easier to collect evidence, specifically from the following aspects to collect evidence or fix evidence:

1.When domestic violence occurs, report to the police immediately, write down the reason for the police and the process of being abused in the police record, and if you go to the police station to record the record, you will also state and record the domestic violence process in detail; You can also apply to the public security department for an injury appraisal to check the severity of your injury;

2.Seek medical attention in a timely manner, and state the cause of injury in the medical record;

3.Take pictures of the audio and video recordings of the domestic violence process and record the process;

4.If the other party asks for forgiveness after the fact, he or she is required to write a letter of guarantee to make the other party admit the domestic violence;

5.Apply for property management, security, neighbors, village committees, and neighborhood committees to come forward to coordinate, and if there is a lawsuit, they can also apply for them to appear in court to testify;

6.Where a person has suffered mental harm as a result of domestic violence, seeking medical treatment from a psychological counselor or hospital may be the basis for requesting compensation.

Therefore, if you encounter domestic violence, in addition to protecting yourself, you should also pay attention to fixing the evidence to provide sufficient evidence for divorce proceedings and compensation issues that may be involved in the future.

Legal basis: Article 15 of the Anti-Domestic Violence Law.

After receiving a report of domestic violence, the public security organs shall promptly dispatch the police to stop the domestic violence, investigate and collect evidence in accordance with relevant provisions, and assist the victim in preparing for medical treatment and evaluating the injury. Where persons who lack or have limited capacity for civil conduct are seriously injured as a result of domestic violence, face threats to their personal safety, or are in a dangerous state such as being uncared for, the public security organs shall notify and assist the civil affairs departments in placing them in temporary shelters, aid management institutions, or welfare establishments.

1) Ask for help. Victims of domestic violence and other family members may make complaints, feedback, or seek assistance from the perpetrator or victim's unit, neighborhood committee, village committee, women's federation, or other such unit, and units or individuals have the right to promptly dissuade them when they discover that domestic violence is occurring.

2) Report the crime. Victims of domestic violence and other family members may report the case to the public security organs. Persons who do not have the ability to report cases shall promptly report the case to the public security organs if they are found in the course of their work by schools, kindergartens, medical establishments, neighborhood committees, village committees, social work service organizations, aid management organizations, welfare organizations, and their staff.

After receiving a report, the public security organs shall promptly dispatch police to stop domestic violence, investigate and collect evidence in accordance with provisions, and assist the victim in seeking medical treatment and evaluating injuries. Where the circumstances of domestic violence are relatively minor, and public security administrative sanctions are not given in accordance with law, the public security organs are to criticize and educate the perpetrator or issue a written warning.

Where they are seriously harmed, face threats to their personal safety, or are in a dangerous state such as being uncared for as a result of domestic violence, the public security organs shall notify and assist the civil affairs departments in placing them in temporary shelters, aid management establishments, or welfare establishments.

3) Apply to the court for a personal safety protection order.

When suffering from domestic violence or facing a real threat of domestic violence, they may apply to the court for a personal safety protection order. If they are persons with no or limited capacity for civil conduct, their close relatives, public security organs, women's federations, neighborhood committees, village committees, and aid management agencies may apply on their behalf.

How domestic violence laws are imposed.

If domestic violence or abuse of family members is committed, and the standard for minor injuries is not met, the public security organs shall give administrative punishments in accordance with the provisions on public security administrative punishments.

Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

According to the circumstances and consequences, and in accordance with article 234 of the Criminal Law, anyone who causes minor injuries or more may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes death or seriously injures a person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

If we encounter domestic violence in our daily life, we must pay attention not to panic, we must pay attention to the relevant laws and regulations on domestic violence punishment, and protect our rights and interests when necessary.

1. Keep away from the kitchen to prevent the abuser from hurting people with sharp objects; Seek help from neighbours and passers-by near doors and windows; Pay attention to protect the head, face, chest, abdomen and other important parts of the body; Hide in a room where you can ask for help.

2. First of all, it is necessary to report to the relevant institutions in a timely manner.

3. Direct harassment and reporting to the public security organs is also an important way to report domestic violence.

4. Apply to the court for a personal safety protection order.

[Legal basis].Article 13 of the Anti-Domestic Violence Law provides that victims of domestic violence and their legally-designated persons and close relatives may make complaints, feedback, or requests for help from the perpetrator or victim's unit, residents' committee, villagers' committee, women's federation, and other units. After the relevant units receive complaints, feedbacks, or requests for help from domestic violence, they should provide assistance and handle them. Victims of domestic violence, their legally-designated persons, and close relatives may also report the case to the public security organs or file a lawsuit in the people's court in accordance with law.

Units and individuals have the right to promptly dissuade them from discovering acts of domestic violence that are occurring.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

What to do after domestic violence can be used: ask for help from community and other organizations, call the police, keep fixed evidence, pursue legal responsibility, and apply for a writ of habeas corpus.

1. Seek help from community and other organizations.

Once the rent-type distribution is born of domestic violence, you should ask the community neighborhood committee, village committee, women's federation, and neighbors for help as soon as possible, on the one hand, they can ensure your safety for a short time, and on the other hand, they can also provide relevant explanations and references for follow-up investigations.

2. Call the police.

Commonly known as calling 110, let the police intervene as soon as possible. On the one hand, it can block the abuser from committing new domestic violence against you at any time, on the other hand, it can also deter the abuser, there will be a police record after the police, ** The police will also have a record of inquiry, a warning to stop domestic violence, etc.

3. Keep fixed evidence.

If you have been subjected to domestic violence for a long time, you should be good at using flexible methods to retain and fix relevant evidence, and try to ask the other party to write a "letter of guarantee" and "letter of repentance", which should best mention the previous domestic violence against you, insults, beatings and scolding, and future reform measures. Note: This evidence is backed up as much as possible!

4. Accountability.

Domestic violence involves civil, administrative, and criminal liability. According to the provisions of the Public Security Administration Punishment Regulations, the perpetrator of domestic violence may be subject to administrative detention and other punishments, and serious domestic violence may constitute a crime, such as the crime of abuse or intentional injury.

5. Apply for a writ of habeas corpus.

Article 23 of the Anti-Domestic Violence Law stipulates that once the victim of domestic violence encounters domestic violence or faces a real danger of domestic violence, he or she may apply to the court for a personal safety protection order. Once a writ of habeas corpus is issued, the court may require the perpetrator to stop the violence, not to harass the person concerned, and not to enter the victim's home again.

Domestic violence is a very serious problem, and for the sake of safety and health, wives should take prompt action. Here are the coping strategies I offer:

1.After a violent incident, the wife should first flee the dangerous environment as soon as possible and seek a safe place, such as a police station, hospital, women's shelter, etc.

2.If you are reluctant to go out of the house, your wife can also seek help from those around you, such as neighbors, relatives, friends, etc., and ask them for help to help her out of danger.

3.If the wife cannot leave the danger area safely, she needs to call the police as soon as possible and ask for help to protect the wife's personal safety.

4.The wife needs to seek legal and psychological support from the local women's protection organization in time after calling the police, and in the process, the wife needs to be brave and determined.

5.If the wife's life is safe, it is necessary to seek legal assistance as soon as possible, contact a lawyer for consultation, seek the best legal solution, and protect the wife's rights and interests.

In conclusion, domestic violence is a very serious problem that requires prompt action and help. Wives can use a variety of resources and help and support from those around them to protect themselves in the best possible way, while also needing to go through the necessary legal procedures with the advice of a professional.

Clause. 1. Victims have the right to request that their residents' committees, villagers' committees, and other basic level organizations and their units dissuade and mediate between the two parties.

Clause. 2. The victim may submit a request to the public security organs, and the public security organs shall stop it; Where the victim requests the perpetrator of heinous circumstances, the public security organs shall give the perpetrator an administrative punishment of detention or fine.

Clause. 3. Where domestic violence is carried out regularly and continuously, causing a serious impact on the victim's body and normal life, the victim may file a divorce lawsuit in the people's court and may demand compensation for damages.

Clause. IV. Where domestic violence is committed, causing minor injuries to the victim or more that constitutes a crime, the public security organs shall file a case for investigation in accordance with law, and the people's procuratorate shall initiate a public prosecution and pursue the criminal responsibility of the perpetrator.

Legal basis] Article 33 of the Anti-Domestic Violence Law of the People's Republic of China, where the perpetrator commits domestic violence and constitutes a violation of the administration of public security, a public security administrative punishment shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.