How to seek help and safeguard rights when encountering domestic violence?

Judge: Domestic violence is not a domestic matter. If you encounter domestic violence, you should call 110 to call the police as soon as possible; you should pay attention to retaining evidence to facilitate subsequent claims for rights and interests.

  In recent years, opposition to domestic violence has become a consensus across society. The Anti-Domestic Violence Law of the People's Republic of China, which was implemented on March 1, 2016, has also provided a "protective umbrella" for victims of domestic violence.

On the occasion of the eighth anniversary of the implementation of this law, the Beijing Fangshan District People's Court passed typical cases to explain the law and call on the public to jointly resist domestic violence.

  Case 1

  Daughter was dragged away by her father by her hair to apply for a personal safety protection order

  A reporter from the Beijing News learned that during the National Day in 2023, Ms. Wang’s family gathered to hold a 100-day banquet for the newborn.

After the 100-day banquet, Ms. Wang's father became angry at her for no apparent reason. He grabbed Ms. Wang's hair and tried to drag her home, threatening to kill her.

Fortunately, the people present called the police in time and stopped Ms. Wang’s father’s behavior.

  Ms. Wang immediately kept the alarm records and other relevant evidence, asked people present to testify for her, and applied for a personal safety protection order from the court to prohibit her father from committing domestic violence against her.

Ms. Wang believes that her father's beating and insulting behavior has caused both physical and psychological harm to her, which has seriously affected her life and work.

  After review, the court found that Ms. Wang and her father had conflicts in daily life, failed to communicate correctly and resolved them properly, had disputes, and even had physical conflicts.

Although the violence has ended, the two of them live under the same roof. Considering the actual situation of both parties, in order to avoid possible risks, intensify the conflicts between the two parties, and lead to the escalation of the conflict, a personal safety protection order was issued to prohibit Ms. Wang’s father from using her domestic violence.

  The judge said that a core content of the anti-domestic violence law is the personal safety protection order system.

The personal safety protection order can effectively prevent and stop the occurrence of domestic violence, and reflects the change in concept from "ex-post punishment of the perpetrator" to "ex-ante protection of the victim".

The Judicial Interpretation of the Personal Safety Protection Order provides detailed provisions on the application of the Personal Safety Protection Order, lists the forms of evidence for applying for the Personal Safety Protection Order, provides behavioral guidance for domestic violence victims to retain and collect evidence, and also reduces the burden of applicants. According to the standard of proof, when the applicant can prove that there is a high possibility of suffering domestic violence or facing the actual danger of domestic violence, the court can make a personal safety protection order to protect the applicant.

  Judge's Tips

  For domestic violence that has occurred or may occur, you can apply to the court for a personal safety protection order.

Police records and warning letters from the public security organs, injury assessment opinions, statements from both parties, letters of repentance or guarantees issued by the respondent, telephone recordings and text messages between the two parties, diagnosis and treatment records from medical institutions, reports or reports received by women's federation organizations, etc. Records of requests for help can be used as evidence for applying for a personal safety protection order, and should be retained for subsequent claims of rights.

  Case 2

  Many parties join forces to protect the rights of a 70-year-old man who was subjected to domestic violence

  Mrs. Lu is over 70 years old, suffers from multiple underlying diseases and has no fixed income.

Mrs. Lu lives in the same compound as her son Wang, but Wang often insults and even beats Mrs. Lu, causing her serious physical and mental harm.

Mr. Lu called the police many times, but the conflict between the two parties was never resolved, and instead continued to escalate and worsen.

  In the end, Mrs. Lu couldn't bear her son's violent behavior, so she applied for a personal safety protection order through legal aid and applied for the court to help investigate and collect relevant alarm materials.

  Based on Mrs. Lu’s application, the court obtained relevant materials from the local police station and listened to Mrs. Lu’s statement.

  After review, the court believed that Mrs. Lu’s statement and relevant materials such as the police dispatch order and police video obtained by the court were sufficient to determine that Wang had committed domestic violence against Mrs. Lu.

Within 72 hours, the court issued a "Personal Safety Protection Order" in the form of a ruling in accordance with the law. At the same time, the ruling was sent to Wang, the local police station, and the village committee to jointly supervise Wang, effectively ensuring the execution of the personal safety protection order, and ensuring Mrs. Lu’s personal safety.

  The judge said that laws and regulations such as the Anti-Domestic Violence Law, the Judicial Interpretation of Personal Safety Protection Orders, and the "Opinions on Strengthening the Implementation of the Personal Safety Protection Order System" have established a working mechanism for various departments to coordinate anti-domestic violence, and actively promote the inclusion of domestic violence prevention and control. The comprehensive social security management system has improved the anti-domestic violence work system in which the people's courts, public security organs, civil affairs departments, judicial administrative departments, education departments, health departments, women's federations and other units jointly participate.

  In this case, Mrs. Lu is old and frail, and her litigation ability is obviously insufficient. When she suffers domestic violence, the law clearly stipulates that she should be given special protection.

Therefore, from legal aid before litigation, evidence retrieval during litigation to supervision of the implementation of protection orders after litigation, various departments in society give "green lights" to protect them from the threat of domestic violence.

  Judge's Tips

  Domestic violence is not a domestic matter, and the whole society should have zero tolerance. If you encounter domestic violence, you should call 110 to call the police as soon as possible or complain, report or seek help to your unit, residents (village) committee, women's federation and other units.

If it is impossible to collect evidence on its own due to objective reasons, the court may obtain it ex officio or upon application.

In addition, if the party concerned is unable to apply for a personal safety protection order due to old age, disability, serious illness, etc., close relatives, public security organs, civil affairs departments, women's federations, residents' committees, villagers' committees, disabled people's federations, and organizations for the elderly established in accordance with the law , rescue management agencies, etc., can apply on behalf of the parties according to their wishes.

  Case 3

  Divorce court supports compensation for mental damage to wife due to domestic violence

  Ms. Gu and Yang registered their marriage in April 2010.

During the marriage, Yang had an ambiguous relationship with the opposite sex.

In response, the two parties had many fierce quarrels, and Yang beat Ms. Gu several times.

  In April 2023, the public security organs issued "Domestic Violence Warnings" to Yang twice, requiring Yang to correct his illegal behavior in a timely manner and strictly prohibit committing violence against family members again.

However, Yang did not correct his behavior. Ms. Gu believed that Yang's violent behavior had brought her great physical pain and psychological harm, so she sued Yang to the court, requesting a divorce judgment between the two parties, and insisted that Yang should pay mental compensation. Damage Solatium.

  Yang said that he agreed to divorce, but did not agree to pay Ms. Gu a solitary payment for mental damage.

  After hearing, the court held that both Yang and Ms. Gu agreed to divorce, which showed that the couple's relationship had broken down, and supported Ms. Gu's request for divorce; regarding the solitary payment for mental damage, it was combined with two "Domestic Violence Warning Letters" issued by the public security organs. According to the content, it can be determined that Yang committed domestic violence. Since Yang's major fault led to the divorce, Ms. Gu's request for mental damage compensation has factual and legal basis to support it.

  The judge said that according to the provisions of the Civil Code, if domestic violence leads to divorce, the innocent party has the right to request damages.

Divorce damages here include not only compensation for property damage, but also compensation for personal damage and mental damage.

The specific amount of compensation is determined based on the degree of damage caused by the at-fault party to the non-fault party and the financial status of the parties to the marriage.

  Judge's Tips

  The application of divorce damages is based on the premise that one of the spouses is at fault for the divorce, and the spouse who is not at fault and is at fault can file the lawsuit.

It should be noted that during the marriage, if one party does not file for divorce but separately requests divorce damages, the court will not accept it.

  Beijing News reporter Zhang Jingshu, correspondent He Donghua