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Domestic violence leads to divorce

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Domestic violence leads to divorce


        

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  • 2024-06-22 20:00:48

    In general, when domestic violence occurs, we first need to help all forces around us, such as relatives and friends, "110" alarm centers, grass-roots police stations, judicial offices, people's mediation committees, community organizations, women's federations, etc., and strive to coordinate and resolve conflicts without deteriorating the situation. If the violence is serious, the victim should pay attention to collecting evidence, such as: hospital diagnosis certificate, injury identification conclusion of relevant identification center, collection of physical evidence (such as injury tools, etc.), and obtaining personal evidence (showing the injury to acquaintances, etc.); If violence happens frequently, it is necessary to consider bringing criminal proceedings or divorce proceedings to the court for intentional injury or abuse to prevent more serious consequences.
    Domestic violence is an illegal act that infringes on women's rights and interests. The person who commits such act should bear corresponding legal responsibilities, including civil liability and criminal liability. The following are introduced respectively:
    1. According to Article 32 of the Marriage Law, domestic violence is one of the legal grounds for divorce, and the injured women can also demand the perpetrators of domestic violence to bear civil liability for damages.
    2. Serious domestic violence will constitute the crime of violent interference in marriage freedom, the crime of maltreatment, the crime of intentional injury, the crime of intentional homicide, the crime of humiliation and other crimes in the criminal law. Among them, the perpetrators of domestic violence often physically and mentally destroy and torture housewives who live together by beating and swearing, binding, freezing and starving, forcing extra physical labor, restricting freedom, etc., if the circumstances are flagrant, it constitutes a crime of abuse, and shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; If it causes serious injury or death to the murdered woman, she shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
    3. According to the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security, those who commit domestic violence but do not constitute a criminal offence may be detained for less than 15 days, fined less than 200 yuan or given a warning.

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