How domestic violence is constituted and what are the relief measures

The domestic violence as mentioned in the Marriage Law refers to acts that, by beating, binding, mutilating, forcibly restricting personal freedom or other means, cause certain harm to the physical and mental aspects of their family members. The consequences of injury must be above minor injuries to constitute domestic violence. Persistent and frequent domestic violence constitutes abuse.

If the victim commits domestic violence or abuses family members, the victim has the right to make a request, and the residents committee, villagers committee, and the unit where he works should discourage and mediate.

For domestic violence that is being committed, the victim has the right to make a request, and the residents committee and villagers committee shall discourage it; the public security organ shall stop it.

If the victim commits domestic violence or abuses family members, the public security organ shall impose administrative penalties in accordance with the laws and regulations on public security management penalties.

Constitute a crime, be held criminally responsible. Victims may file a private prosecution in a people s court in accordance with the relevant provisions of the Criminal Procedure Law, except for those who have been severely injured due to ill-treatment; public security organs should investigate according to law, and people s procuratorates should file public prosecutions according to law. According to the relevant provisions of the Criminal Law, those who are old, young, sick or otherwise unable to live independently have the obligation to support and refuse to support them. If the circumstances are bad, they shall be sentenced to prison or controlled for a term of not more than five years.

If there is domestic violence, the victim must first retain good evidence. If domestic violence occurs or is about to occur, you must report to the police or seek help from the residents committee in a timely manner. This will help to fix evidence in time and prepare for future lawsuits for divorce. Even if you do not intend to divorce, you can file a lawsuit for infringement in the marriage and ask the other party for a marriage claim, which can effectively suppress domestic violence.

Leave a Reply

Your email address will not be published. Required fields are marked *