What should I do if I am subjected to domestic violence? What to do if you are being abused

Basis: Article 260 of the Criminal Law of the People's Republic of China 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.

Article 43 of the Marriage Law of the People's Republic of China provides that where domestic violence or abuse of family members is committed, the victim has the right to make a request, and the residents' committee, villagers' committee, and the unit to which they belong 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.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; ......

Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault 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.

What should I do if I am subjected to domestic violence? Fix the evidence, prosecute for divorce, suspected of abuse, suspected of intentional injury!

1. What should I do if I am subjected to domestic violence?

1. If you are subjected to domestic violence, after receiving domestic violence, you can seek help from the village committee and women's committee, and you can report to the police, apply for asylum, and apply for a personal safety protection order. Relevant provisions: Departments such as for public security, civil affairs, and judicial administration, as well as urban and rural basic-level mass autonomous organizations and social groups, shall prevent and stop domestic violence within the scope of their respective duties, and provide assistance to women victims in accordance with law.

2. Legal basis: Article 13 of the Anti-Domestic Violence Law of the People's Republic of China.

Victims of domestic violence, their legally-designated persons, and close relatives may make complaints, counter-manifest grievances, or seek assistance from units such as the perpetrator or the victim's unit, residents' committees, villagers' committees, and women's federations. After relevant units receive complaints, feedback, or requests for assistance or assistance from domestic violence, they shall provide assistance and handle it.

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.

2. If I am subjected to domestic violence, can I report to the police and file a case?

If you are a victim of domestic violence, you can report to the police and file a case, depending on the situation, as follows:

1. If the case is relatively minor and does not involve a criminal offense, it will generally be administratively punished, 2. If the case is serious and constitutes a crime, the case will be filed and handled.

Generally, after the domestic violence is reported, the public security organs will dispatch the police in a timely manner, and also go to the scene to do injury appraisal and responsibility determination. If the mediation is unsuccessful, the beater will be administratively detained or fined in accordance with the relevant legal procedures, and if both parties do it, both parties will be punished.

First of all, if you are a victim of domestic violence or know someone who has experienced domestic violence, please do not underestimate and ignore the issue, and take timely steps to protect yourself and others. Here are some suggestions that may be useful:

1.Stay calm: Try to stay calm and keep a cool head, make informed decisions, and don't fight or challenge the struggle lightly.

2.Expose domestic violence: Report domestic violence to a local** or social service agency who can provide help and support. At the same time, tell your trusted friends and family who can provide support and help when you need it.

3.Distance makers: Try to keep your distance from the abuser, and avoid topics that may cause controversy and violence, and avoid being alone with him.

5.Seek shelter: If you are concerned about your safety, consider taking a break from your home and home to seek safe shelter to protect yourself.

Domestic violence is a very serious problem, and if you or someone close to you is experiencing domestic violence, please be brave enough to stand up and ask for help and support. Domestic violence is an illegal and criminal act, and it should be reported to the police in time after it is discovered.

For domestic violence, active measures should be taken, which are specifically divided into the following situations:

1. Seek help or mediation from neighborhood committees, village committees, women's federation organizations, and work units in a timely manner. Or when you are subjected to domestic violence, you can report directly to the public security organs. In the future, when suing for divorce, they may request these departments to issue relevant supporting materials, especially police records and warnings from public security organs;

2. Keep the diagnosis certificate, the case collapse, the bill of medical expenses, etc. If you are injured after being abused by the other party, you must go to the hospital for a check-up** in time, and keep the certificate of diagnosis and disorder control, case book, medical bills, etc. In addition, take a picture of the injured part and keep it**.

If the injury is serious, after the police are called, the public security organ is to entrust an agency to conduct an evaluation of the injury.

It is recommended to report to the police as soon as possible, according to the law, after the domestic violence is reported to the police, ** will be dealt with as follows according to the actual situation:

1. After receiving a report of domestic violence, the public security organ will promptly dispatch the police to stop the domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and evaluating the injury.

Where a person with no or limited capacity for civil conduct is seriously injured as a result of domestic violence, faces a threat to his or her personal safety, or is in a dangerous state such as being left uncared for, the public security organs will notify and assist the civil affairs departments in placing them in a temporary shelter, aid management institution, or welfare establishment.

2. Where the circumstances of domestic violence are relatively minor and no public security administrative punishment is given in accordance with law, the Xiandong public security organs will criticize and educate the perpetrator or issue a written warning.

3. Where the perpetrator commits domestic violence and constitutes a violation of the administration of public security, the public security organs will give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility will be pursued in accordance with law.

Legal basis] Article 43 of the Public Security Administration Punishment Law, anyone who assaults others, or intentionally harms others, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:

1) Returning to the group to beat or injure others;

2) Assaulting or injuring persons with disabilities, pregnant women, persons over 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.

After being subjected to domestic violence, they shall promptly report to the police so that the police can stop the domestic violence. If the harm caused by domestic violence is serious and constitutes a minor injury, a criminal case can be filed, and the perpetrator may be held criminally responsible. Perpetrators are duly punished.

Reporting to the police in a timely manner has the added benefit of providing evidence in one's favour for future divorces. It is advantageous in terms of division of property, compensation for damages.

[Legal basis].Article 22 of the Regulations on Public Security Administration Punishments.

1) Assaulting others, causing minor injuries;

2) Unlawfully restricting the physical liberty of others or illegally trespassing into the homes of others;

3) Publicly insulting others or fabricating facts to slander others, 4) Abusing family members, and the person being abused requests that it be handled;

5) Writing threatening letters or using other methods to threaten the safety of others or interfere with the normal lives of others;

6) Coercing or enticing persons under the age of 18 to perform horrific or cruel programs, destroying physical and psychological health;

7) Concealing, destroying, or privately opening other people's mail or telegrams.