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How to apply for divorce for domestic violence

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How to apply for divorce for domestic violence


        

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  • 2024-06-24 19:01:44

    Domestic violence, referred to as domestic violence for short, refers to acts that occur between family members and harm or destroy family members physically, mentally, sexually, etc. by beating, binding, confinement, maiming or other means. If you are unlucky enough to encounter domestic violence, it is recommended to collect relevant evidence of domestic violence in a timely manner. When the evidence is complete, you can agree to divorce with the other party. If the agreement fails, the party concerned should write a complaint and then file a lawsuit to the court for divorce, so as to safeguard their legitimate rights and interests.
    2、 How to collect evidence of domestic violence Once a divorce is subjected to domestic violence, as a victim, relevant evidence should be collected and preserved as soon as possible. When domestic violence occurs, it is the best time to collect evidence. If the time is too long and the relevant evidence is not saved in time, it may lead to the loss of evidence, which will be detrimental to the protection and relief of rights and interests afterwards.
    1. Witness testimony; When domestic violence occurs, it may be witnessed by other people, such as the security guards of the community, such as their parents or friends in the family, as well as the nanny or neighbors. If these people have witnessed the occurrence of domestic violence, they can communicate with them as early as possible, and can entrust lawyers to collect evidence from witnesses in the form of investigation records and audio recordings.
    2. After the occurrence of domestic violence, if the police have ever reported it to the police, the police will have a police record. Usually, the police will have a set of legal procedures to deal with domestic violence. The police will usually question the perpetrator and the victim at the police station, and make a record.
    3. Go to the hospital in time after suffering from domestic violence. The diagnosis certificate and treatment evidence of the hospital can be used as evidence of domestic violence. If the victim is seriously injured, the public security organ should issue a letter of recommendation for forensic expertise to conduct judicial expertise on the injury. At the same time, the victim needs to go to the hospital in time for treatment. Then there will be a hospital diagnosis certificate, a receipt for medical expenses and medical records during the treatment. These documentary evidence should be properly preserved, including the late continuous treatment of the victim, and the relevant documentary evidence should also be properly preserved.
    4. If the victim has complained to the Women's Federation about the violence of family members, and the comrades of the Women's Federation have dealt with the matter and have sought mediation from the other party, the Women's Federation can not only have the original work records, but also issue separate documentary evidence for the domestic violence that has occurred.
    5. If such problems have been reported to the residents' committee or villagers' committee, the relevant organization may also issue documentary evidence.
    6. If the victim has ever asked for help from both parties or the work unit of one party, the leader of the work unit can also issue documentary evidence on behalf of the unit, and of course, the method of lawyer investigation can also be adopted.
    7. If there was a call recording when the victim and the perpetrator had a dispute, the call recording can also be used as attached evidence, or when both parties talk about divorce agreement or compensation matters, the other party can also make a call recording if the other party does not deny the violence during the discussion.

    I***

    2024-06-24 19:01:44

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