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Does domestic violence constitute a crime

Time: 2024.02.23 label: marriage and family Family Violence Reading: 1001 people
Lawyer's analysis:
China's laws expressly prohibit“ Family Violence ”Persistent and regular domestic violence may constitute abuse, and serious domestic violence may also constitute a crime.
Such as China《 criminal law 》Article 260 stipulates: "Whoever maltreats a family member, if the circumstances are flagrant, shall be punished for less than two years fixed-term imprisonment criminal detention perhaps control Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The crime mentioned in the first paragraph shall be dealt with only upon complaint. " It should be noted here that the crime in the first paragraph is handled only when told, which means that "those who maltreat family members and the circumstances are abominable" will not be prosecuted.
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You can sue for divorce. 1. Drafting 3 divorce petitions; 2. Prepare the evidence needed for divorce proceedings; 3. Submit the divorce petition and relevant evidence to the competent court; 4. The court decides whether to accept the lawsuit; 5. The court accepted the divorce case

 Lawyer Shao Ruyang
Lawyer Shao Ruyang
eighteen billion nine hundred and ninety-four million seven hundred thousand and one
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You can sue for divorce. Procedures of divorce proceedings: 1. Draft three divorce proceedings; 2. Prepare the evidence needed for divorce proceedings; 3. Submit the divorce petition and relevant evidence to the competent court; 4. The court decides whether to accept the lawsuit

 Lawyer Shao Ruyang
Lawyer Shao Ruyang
eighteen billion nine hundred and ninety-four million seven hundred thousand and one
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Suffering from domestic violence can apply for divorce. The specific methods are as follows: First, if both parties are willing to divorce and reach consensus on property division and child rearing, they can go to the marriage registration authority where one party's household registration is located to apply for divorce registration and obtain a divorce certificate; Second, inconformity

 Lawyer Shao Ruyang
Lawyer Shao Ruyang
eighteen billion nine hundred and ninety-four million seven hundred thousand and one
Consult me
Selected pictures and texts Pufa video Voice Answers
  • What are the provisions for dealing with violence in divorce proceedings

     Legal Advisor

    Legal Advisor

    When encountering violence in divorce proceedings, the first step is to submit a divorce petition to the competent court as soon as possible. After being subjected to violence, it is necessary to report the case to the police in time and seek the assistance and protection of the judiciary. When deciding to divorce, we should remain calm and take measures to prevent future violence. The whole process focuses on legal procedures and self-protection.

    Views: one thousand one hundred and thirty-nine 2024-07-02
  • How to punish minor injuries caused by domestic violence

     Legal Advisor

    Legal Advisor

    Chinese law severely punishes domestic violence. If the victim is slightly injured due to domestic violence, the perpetrator will face up to three years of imprisonment, detention or public surveillance. Domestic violence is defined as a series of acts of violence among family members, including physical assault (such as beating and binding), mental abuse (such as verbal insult and threat), and mutilation and restriction of personal freedom, which are defined according to the Law against Domestic Violence.

    Views: eight hundred and forty-one 2024-07-02
  • Whether frequent fights between husband and wife constitute domestic violence

     Legal Advisor

    Legal Advisor

    Domestic violence is not limited to physical conflict. It refers to physical and mental aggression committed by family members through violence, such as beating, binding, abusing, etc., which is characterized by deliberate, violent essence and repeated occurrence. Short term conflicts caused by disputes in daily affairs are not regarded as domestic violence. Violent acts, whether physical or psychological, will be recognized as domestic violence as long as they occur repeatedly and periodically.

    Views: one thousand two hundred and seventy-eight 2024-07-02
  • Who Should Divorce Children Due to Domestic Violence

    Lawyer Wan Luyong

    You can negotiate first. If the negotiation fails, you can sue and the court will decide. Court decisions are generally based on the principle of "conducive to the healthy growth of children". Who will bring up the child depends on whether both of you want the child or only one of you wants the child. If only one of you wants the child, just negotiate. If both want, the court will decide the ownership of child custody.

    Play volume: nine hundred and ninety-eight 2022-06-09
  • What is domestic violence

    Lawyer Wan Luyong

    Domestic violence, referred to as domestic violence for short, refers to acts that occur between family members and harm or destroy family members physically, psychologically, sexually, etc. by beating, binding, confinement, maiming or other means. In fact, family members who have physically and mentally violated each other by beating, binding, maiming, restricting personal freedom, and often abusing and intimidating each other are usually considered as domestic violence.

    Play volume: six hundred 2022-06-09
  • How to protect women's rights when they suffer from domestic violence

    Lawyer Wan Luyong

    1. A woman who has suffered domestic violence has the right to make a request, and the neighborhood committee, the villagers' committee and the unit to which she belongs shall dissuade and mediate. 2. As for the domestic violence being carried out, the injured women should call "110" in time and the public security organ should stop it. 3. If the violence causes minor injuries to the injured woman, the public security organ may be required to give the perpetrator a public security administration punishment, such as warning, fine and detention.

    Play volume: nine hundred and fifty-seven 2022-06-09
 Lawyer Shao Ruyang

Jiangsu Liansheng (Shanghai) Law Firm

Lawyer Shao Ruyang (18994700001) is a partner lawyer with rich experience in handling cases, especially good at criminal cases Worked at the Highway Management Office of Jiangsu Provincial Department of Communications for many years before practicing, with broad vision, active thinking, strict logic and stable style Since he started his career, he has successfully represented a number of major intellectual property infringement cases, bank economic cases and other litigation cases Hundreds of criminal cases

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  • How long is the criminal detention for domestic violence

    1134 people read

    The detention period of domestic violence suspects depends on the situation, with a maximum of 37 days. The investigation may be delayed by one month. When reviewing and prosecuting, the term of arrest is usually two months, and may be extended by one to four months under special circumstances. The same is true for the trial phase. The arrest period is normally two months, which can be extended under special circumstances.

  • Is it illegal for a wife to fool around with other people and hit a man

    1478 people read

    In the face of his wife's infidelity, the husband has no right to respond by violence. Any form of violence is illegal and may lead to legal sanctions, including administrative detention and criminal charges. If the relationship between husband and wife really breaks down, the husband should consider negotiating divorce with his wife or solving it through legal channels. When dealing with such issues, a calm and rational attitude is essential to protect the rights and security of all parties.

  • What are the conditions of the applicant's personal safety order

    1478 people read

    The applicant's personal safety protection order shall meet the following conditions: First, the applicant is facing real or potential personal threats, such as domestic violence; Second, the application should be submitted to the basic court of the place where the applicant or the respondent resides or where domestic violence occurs; Third, it shall comply with other relevant laws and regulations. The people's court will accept and review the application that meets the above conditions in accordance with the law to protect the personal safety of the applicant.

  • Couple fights, women fight first, men fight back

    1488 people read

    When the woman attacks the man first, the man has the right to defend himself when his own safety is threatened. The act of self-defence must meet the conditions of justifiable defense, that is, to stop illegal infringement and protect security. If the self defense measures cause damage to the other party, it shall be deemed as justifiable defense, and the man shall not bear criminal responsibility. However, self-defense should be moderate to avoid excessive injury.

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