How to write about divorce proceedings related to domestic violence?

1、 About Family Violence Of Divorce proceedings How do you write it?

Domestic Violence Divorce Complaint

Plaintiff: name, gender, age, nationality, occupation, work unit and address

Defendant: name, gender, age, nationality, occupation, work unit and address

litigation request

1. Request the court to order the plaintiff and defendant according to law divorce ;

2、 Conjugal property Legal segmentation;

3. Daughter by plaintiff raise , the defendant pays in one lump sum Alimony _____Yuan to the plaintiff (/the defendant shall pay alimony _____ every month until the daughter is 18 years old);

4. One time payment by the defendant Economic compensation _____Yuan to the plaintiff;

5. One time payment by the defendant Compensation for mental damage Pay the plaintiff ____ yuan.

Facts and reasons

The reasons for divorce are mainly written in terms of domestic violence to prove that the relationship between husband and wife has indeed broken down.

For this reason, the plaintiff has filed a lawsuit in accordance with the law and requested the court to make a ruling in accordance with the law.

Legal basis: The People's Republic of China Anti Domestic Violence Act 》

Article 13

Victims of domestic violence and their legal status agent Persons and close relatives may complain, reflect or seek help from the unit where the perpetrator or victim belongs, the neighborhood committee, the villagers' committee, the women's federation and other units. After receiving a complaint, reflection or request for help on domestic violence, the relevant unit shall give help and deal with it.

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 dissuade in time any domestic violence that is occurring.

2、 How to prove domestic violence

In divorce cases, "Domestic violence" is recognized as Couple's feelings are broken The people's court shall grant divorce if mediation is invalid. In judicial practice, many parties filed for divorce on the ground that the other party's domestic violence caused the couple's feelings to break. According to the principle of "who claims, who gives evidence", victims of domestic violence have the obligation to prove that the other party has committed domestic violence. So, how can domestic violence be proved? Because domestic violence often occurs in the presence of only the husband and wife, and the situation is hidden, evidence Difficult to collect. What kind of evidence is effective evidence that can be adopted by the court?

After suffering from domestic violence, the party concerned shall timely collect and consolidate evidence to prove the existence of domestic violence:

（1） It is necessary to seek help or mediation from the neighborhood (village) committee, women's federation organization, work units, etc. in a timely manner, or directly report to the public security organ. In case of litigation in the future, relevant departments can be requested to issue relevant certification materials, especially the police record of the public security organ.

（2） If you are injured in domestic violence, you must go to the hospital for treatment in time and keep the diagnosis certificate, case book Medical expenses Bills, etc. In addition, it is necessary to take photos at that time and keep the photos. If the injury is serious, the public security organ shall entrust an appraisal of the injury after calling the police.

（3） If there are conditions at home or around you, you can record and video, and keep the original audio-visual materials. Or you can apply witness To testify in court.

In short, proving the existence of domestic violence is essentially a process of restoring the original state of domestic violence. Whether it is material evidence, documentary evidence or witness testimony, as long as it can prove the existence of domestic violence, as long as the evidence is legal and the procedure is complete, it can be used as evidence to prove the existence of domestic violence.

Domestic violence belongs to《 Civil Code 》In the case of divorce fault as specified in, in fact, the faultless party can claim damages from the faultless party at the same time, but this also requires the faultless party to provide corresponding evidence. In the case of consensus between the two parties, even if there is no legal process, they can also request divorce compensation 。

The crime of domestic violence is one of the types of crimes severely cracked down in our country. The crime of domestic violence not only endangers the personal safety and property rights of our citizens, but also endangers the stability of our society.