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Hello, I want to appeal for divorce. What should I do? The other party is prone to domestic violence, which is more serious every time

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Hello, I want to appeal for divorce. What should I do? The other party is prone to domestic violence, which is more serious every time


        

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  • 2024-06-21 06:00:50

    When encountering domestic violence, you can immediately report it to the public security organ or the community or the committee, and then file a request for habeas corpus to the court.
    The party who has no fault for domestic violence can also propose divorce damages at the time of divorce, including material damages and spiritual damages.
    The division of family property during the marriage relationship should take care of the rights and interests of the innocent party and children, but this kind of care is not divorce fault damage compensation. It can not be considered that the extra property to the innocent party in divorce is compensation. Because the establishment of the system of compensation for fault damage is based on the damage that the innocent party suffered in divorce.
    Marriage Law of the People's Republic of China
    Article 46 The faultless party who has one of the following circumstances leading to divorce shall have the right to claim damages:
    (1) Bigamous
    (2) Cohabiting with others
    (3) Domestic violence
    (4) Maltreating or abandoning family members.
    Article 13 of the Anti Domestic Violence Law, victims of domestic violence and their legal representatives and close relatives may complain, reflect or seek help from the perpetrator or the unit to which the victim belongs, the neighborhood committee, the village committee, the women's federation and other units. After receiving complaints, complaints or requests for help about domestic violence, the relevant units shall help and deal with them.
    The victims of domestic violence and their legal representatives and close relatives may also report the case to the public security organ or bring a lawsuit to the people's court according to law.
    Units and individuals have the right to timely dissuade them when they find that domestic violence is taking place.
    Article 23 The people's court that applies to the people's court for an order of personal safety protection because a party is subjected to domestic violence or is in real danger of domestic violence shall accept the application.

    Liu***

    2024-06-21 06:00:50

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