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Can I get a divorce?


        

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  • 2024-06-23 00:00:49

    If it can be determined by the court that it is a case of domestic violence, it is possible to judge divorce.
    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. Domestic violence directly affects the body of the victim, making the victim feel pain physically or mentally, and damaging their physical health and human dignity. According to the current judicial practice, when domestic violence occurs, the following evidence should be collected:
    1. Keep the repentance written after domestic violence
    2. Evidence of complaints to women's federations and other institutions, and evidence of mediation by neighborhood committees and other departments
    3. Alarm records after domestic violence and referral letter of injury examination issued by public security organ
    4. Diagnosis certificate and appraisal certificate for hospital treatment
    5. Keep the printed photos, videos and other materials
    6. If there are witnesses, they can also be persuaded to testify in court or take testimony from witnesses.
    Generally, when the victim files a divorce lawsuit for the first time, the court will determine whether the relationship between the two parties is broken according to the evidence and the emotional basis of both parties. Therefore, the court will make a decision not to agree to divorce or approve divorce. Of course, not any domestic violence will lead to divorce in the first divorce lawsuit. If the second lawsuit is filed, it will generally be divorced.
    Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I)
    The term "domestic violence" as mentioned in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to the acts of the perpetrator that cause certain harm to the physical and mental aspects of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Persistent and regular domestic violence constitutes abuse.

    w***

    2024-06-23 00:00:49

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