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How can divorce prove verbal violence

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How can divorce prove verbal violence


        

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  • 2024-06-26 10:00:57

    According to China's Marriage Law, if one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If there is domestic violence in marriage and mediation is invalid, divorce shall be granted. It can be seen that domestic violence belongs to the legal situation of emotional breakdown. So what is domestic violence? According to the provisions of Article 2 of the Anti Domestic Violence Law, domestic violence refers to physical and mental violations committed by family members by beating, binding, maiming, restricting personal freedom, and regularly abusing and intimidating. According to this definition, if one spouse often verbally abuses or intimidates the other, it belongs to domestic violence. So, how to obtain evidence of domestic violence?
    First of all, you can record or shoot videos when the other party is committing verbal violence, but you must pay attention to your own personal safety;
    Secondly, you can request witnesses who know the situation to give testimony or testify in court.
    Finally, if the neighborhood committee or mediation committee has mediated a serious dispute between the two parties due to the language violence committed by the other party, the mediation record or work record can be copied. Those who have reported to the police can go to the local police station to copy the registration form for receiving and handling the police.
    Legal basis:
    Article 32 of the Marriage Law of the People's Republic of China
    [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

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