Domestic violence, I believe everyone has heard of it. Many people choose to forbear when they encounter domestic violence. Why? Because he didnt know what to do with domestic violence, he didnt know whether it would be protected by law. In fact, we should protect ourselves with legal weapons at this time. Helping people in need.
Domestic violence is a violation of the rights of family members, including mental injury, physical injury, sexual injury, and economic injury. The scope of domestic violence is defined for the first time in the form of law. Physical and mental violations committed by family members by means of beating, binding, mutilation, restriction of personal freedom, and frequent abuse and intimidation are all domestic violence.
Domestic violence is not a domestic matter, but an illegal act. It is hoped that every citizen or organization should reach out and help others through the police when they find that other people have suffered domestic violence. At the same time, remind everyone who has suffered domestic violence when you encounter home. During a storm, you should pay attention to these matters to minimize the damage:
Stay away from the kitchen to prevent the perpetrator from injuring you with sharp objects; approach neighbors and passersby for help; pay attention to protect head, face, chest, abdomen and other important parts of the body; hide into a room where you can call for help, and if possible, treat the perpetrator Locked outside the door; at the same time dial 110 at the same time, and save the police records;
First, we must report to the relevant agencies in a timely manner. The Anti-Domestic Violence Law stipulates that the people s governments at or above the county level are responsible for women s and children s work, which are responsible for organizing , coordinating, guiding, and urging relevant departments to do a good job in anti-domestic violence. Relevant departments, judicial organs, people s organizations, social organizations, residents committees, villagers committees, enterprises and institutions of the people s governments at or above the county level shall do a good job of anti-domestic violence in accordance with the anti-domestic violence law and relevant laws and regulations.
Reporting directly to a public security agency is also an important way to report domestic violence. The anti-domestic violence law clearly states that public security organs should promptly report to the police after domestic violence reports, stop domestic violence, investigate and obtain evidence in accordance with relevant regulations, and assist victims in seeking medical treatment and identifying injuries.
Applicant Apply to the court for a personal safety protection order. Anti-domestic violence law for the first time established a personal safety protection order system. Where a party concerned applies to a people s court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people s court shall accept it. The people s court shall make a ruling within 72 hours, and within 24 hours if the situation is urgent. The protection scope of a personal safety protection order may include the applicant and his related close relatives. The personal safety protection order shall be executed by the people s court, and the public security organs, residents committees, villagers committees, etc. shall assist in the execution.
1. Witness testimony. When domestic violence occurs, it may be seen by other people, such as the security of the community, such as their parents or friends at home, as well as babysitters or neighbors. If these people have witnessed the occurrence of domestic violence, they can do some communication with them as early as possible, and they can entrust lawyers to collect evidence from witnesses by investigating transcripts and recording evidence.
2. After the domestic violence has occurred, if the police have been reported, the police will have a police record. Usually, the police will have a set of statutory procedures for handling domestic violence. The police will usually interview the perpetrators and victims separately at the police station. And make a transcript.
3. Visit a hospital in time after suffering domestic violence. The hospital s diagnosis certificate and evidence of treatment can be used as evidence of domestic violence. If the victim is seriously injured, the public security organ should issue a letter of introduction for forensic examination to carry out judicial identification of the injury. At the same time, the victim needs to go to the hospital for treatment in time. Then the hospital will have a diagnosis certificate and a receipt for the medical expenses. And medical records. These documentary evidences should be kept well, including the continuous treatment of the victims later, and the relevant documentary evidences should also be properly kept.
4. If the victim has complained to the Women ’s Federation about the violence of family members, the comrades of the Women’ s Federation have dealt with the matter, and have sought mediation with the other party. Separate documentary evidence of domestic violence.
5. If the victim has asked for help from both or one of the work units, then the leader of the work unit can also issue a documentary certificate on behalf of the unit, and of course, an investigation by a lawyer can also be used .
6. If there was a call recording during the dispute between the victim and the perpetrator, this call recording can also be used as evidence of attachment, or when the two parties are talking about a divorce agreement or compensation, the other party is talking about The acts of violence are not denied, and call recordings can also be made.
7. After the occurrence of domestic violence, if the other party has written a letter of guarantee, a confession, a letter of commitment, etc., these written materials that guarantee that the violence will never occur in the future can also be used as evidence.
8. After being beaten by the other party, if you have taken relevant photos or have video recording materials, you can also use it as evidence. Of course, all the above items of evidence are just for the general case, and each domestic violence has its own specific situation. Victims are advised to consult legal professionals such as police, lawyers, etc. in a timely manner to see what kind of evidence should be taken after such a situation occurs.
Suffering from domestic violence, the compensation scope is two aspects of material damage compensation and mental damage compensation. Material damage mainly includes medical expenses, lost-time expenses, and living allowances for the disabled due to physical and mental injuries.