Can domestic violence be compensated

Legal analysis:

Conclusion: Domestic violence Can claim compensation, but should divorce Is a prerequisite.

Domestic violence can be compensated, but divorce should be the prerequisite. According to Chinese laws, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

（1） Bigamy;

（2） With others cohabitation ；

（3） Implementation Family Violence ；

（4） Abuse or abandon family members;

（5） There are other major faults.

Legal basis:

The People's Republic of China Civil Code 》Article 1091

If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

（1） Bigamy;

（2） Cohabitation with others;

（3） Domestic violence;

（4） Abuse or abandon family members;

（5） There are other major faults.

Article 1090

At the time of divorce, if one party has difficulties in life, the other party who can afford it should give appropriate help. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

lawyer Tips:

《 Administrative Procedure Law 》Article 49
mention litigation The following conditions shall be met:
（1） The plaintiff is a citizen, legal person or other organization that conforms to the provisions of Article 25 of this Law;
（2） There are definite defendants;
（3） Having specific claims and factual basis;
（4） Belonging to the scope of cases accepted by the people's court and the people's court to be sued have jurisdiction over 。
Article 50
The lawsuit shall be submitted to the people's court Indictment And submit copies according to the number of defendants.
If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall make a written record, issue a dated written voucher, and inform the other party. Can domestic violence be compensated. If you don't find the answer that suits your situation, please feel free to consult Nomogram We are a professional lawyer of www.net.com. We will answer your legal questions online 24 hours a day.

Relevant supplement 1:

Can we claim compensation for domestic violence

Conclusion: Domestic violence can claim compensation, but it must meet the conditions that only one party has domestic violence and domestic violence leads to divorce of both parties.

Domestic violence can claim compensation, but it must meet the conditions that only one party has domestic violence and domestic violence leads to divorce of both parties. And the scope of compensation shall include material damages and Compensation for mental damage Two parts. According to relevant regulations, if the party without fault is the plaintiff Domestic violence divorce Compensation must be made before Divorce proceedings And at the same time submit a claim for compensation to the people's court.

Relevant supplement 2:

Can domestic violence be compensated

Conclusion: Domestic violence can be compensated, but divorce should be the prerequisite.

Domestic violence can be compensated, but divorce should be the prerequisite. According to Chinese laws, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

（1） Bigamy;

（2） Cohabitation with others;

（3） Domestic violence;

（4） Abuse or abandon family members;

（5） There are other major faults.