China News Service, Chongqing, January 11 (Reporter Liu Xian) Is domestic violence only physical violence such as beatings?

On the 11th, the Chongqing Higher People’s Court announced the top ten typical cases through a press conference to remind the public to use violence and mental control in the name of love, maliciously reduce the payment of support, alimony and other economic controls, and use illegal means to locate and track harassment... Can constitute domestic violence.

The perpetrators do not distinguish between men and women.

　Economically controlled domestic violence

　　After the couple married, they divided the family affairs. The man was responsible for working out to earn family living expenses, and the woman was a full-time wife to take care of the family's food and daily life.

　　Since 2010, husbands and wives often have disputes over daily trivial matters.

In 2019, the husband proposed to terminate the relationship with his wife, but the wife did not agree.

The husband then reduced the living expenses of the applicant’s mother and child from 4,000 yuan per month to 2,000 yuan per month from January, but the wife still did not agree to divorce her husband.

　　In May 2019, the husband went to the court to file for divorce.

During the divorce proceedings, the husband once again reduced the living expenses of the mother and child from 2,000 yuan per month to 1,000 yuan per month, in order to force the wife to agree to terminate the relationship with him.

　　Because the living expenses paid by the husband could not afford the daily expenses of the wife and son, which caused great difficulties and mental stress on the mother and son, the wife applied for a personal safety protection order to the court in August 2019, requesting the husband to stop the infringement. Full monthly payment of living expenses.

　　The Banan District People’s Court of Chongqing City ruled that the respondent (husband) shall pay the applicant’s living expenses during the duration of the marriage relationship between the applicant’s mother and child by calculating the per capita consumption expenditure of urban residents in Chongqing in 2019 before the 30th of each month within the validity period of the personal safety protection order 2013 yuan (excluding expenses for children's education and medical care).

If the respondent violates the above prohibition, the court will impose a fine or detention according to the provisions of Article 34 of the "Anti-Domestic Violence Law of the People's Republic of China", depending on the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　The judge explained that both spouses have the obligation to support and assist and have equal rights to dispose of joint property.

One party deliberately fails to meet the victim’s reasonable expenditure needs through the control of the husband and wife’s common property and family income and expenditure, thereby affecting the victim’s normal life and restricting the victim’s normal activities so as to control the victim and force him to obey the perpetrator. This type of behavior belongs to economic control in domestic violence and damages the legal rights of the other party and should be corrected.

　Violence and mental control in the name of love constitute domestic violence

　　In this case, during the separation of the husband and wife, the man went to the woman's residence for many times and had fights and disputes with the woman, and threatened to harm the woman and her family. Mediation by the public security organs failed.

The woman hid because of fear and fear. During this period, the man posted big-character posters to look for the woman at her work place and her parents' residence, and kept sending messages and phone calls to threaten her.

The woman filed for divorce twice, and the man insisted on not agreeing to the divorce on the grounds that he loved the woman very much and could not live without her.

　　The man’s behavior objectively caused the woman’s mental fear, which was consistent with the characteristics of domestic violence.

In accordance with the spirit of the second and third paragraphs of Article 32 of the "Marriage Law of the People's Republic of China" that was implemented at that time, if domestic violence is committed against a family member or the couple has separated due to emotional incompatibility for two years, mediation will be invalid. Divorce should be granted.

The second instance upheld the first instance's decision to grant divorce.

Domestic violence is diverse and does not only occur between husband and wife

　　The reporter learned from the meeting that as of the end of 2020, Chongqing courts had accepted 996 cases involving parties applying for personal safety protection orders and issued a total of 786 personal safety protection orders.

In these cases, the husband repeatedly assaulted and threatened his wife, and also purchased tracking equipment through illegal channels to track and locate his wife for a long time, and freeze his wife’s private QQ, WeChat and other Internet platforms, which seriously interfered with his normal life and work; There were also wives who beat and scolded their husbands on the highway, and smashed the televisions and refrigerators purchased by their parents; there were also 73-year-old people living with their daughter-in-law, who had frequent conflicts due to family affairs, often quarreled, and the old people were abused... …

　　According to Yang Guangming, President of the First Civil Division of the Chongqing Higher People’s Court, domestic violence mainly includes violence between husband and wife, parents and children and other family members, as well as violence between non-family members such as cohabitation and divorce; The above includes not only physical violence such as beatings, but also mental violence such as insults, abuse, and intimidation.

The Chongqing Higher People’s Court, in conjunction with the Municipal Public Security Bureau and the Municipal Women’s Federation, issued the "Minutes on Establishing a One-stop Personal Safety Protection Order Application Mechanism in the City", innovatively proposing a one-stop personal safety protection order application mechanism, greatly shortening the cost of personal safety protection orders The application time and the time of issuance have firmly built a "separation wall" between the perpetrator and the victim of domestic violence.