How much can be compensated for domestic violence divorce

I Domestic violence divorce sure compensate for how much

suffer Family Violence One party is entitled to request Damages , according to our country《 Civil Code 》And its judicial interpretation, due to domestic violence divorce In a case, the party without fault may require the party with fault to carry out Divorce compensation for domestic violence 。

Implementation family violence The damage caused to the injured party mainly includes physical damage and Mental damage , the scope of compensation should include material damages and Compensation for mental damage Two parts.

Material damage mainly includes physical and mental damage Medical expenses , living allowance for the disabled, etc. However, mental pain is extremely subjective, which is unknown to others. Therefore, mental damage cannot be accurately calculated, only according to Actor Subjective malice, plot, common sense Medical appraisal And other factors. In this regard, the judge has relatively large discretion.

II Domestic violence How about Sue for divorce

1. Ready evidence Material Science. This requires the victim to Domestic violence When acting, be prompt call the police And ask the police to issue corresponding investigation records and certificates, or report to neighborhood committee The village committee reported that after the victims, they should go to the doctor in time, keep the diagnosis certificate, invoice and other things, and take photos in time to leave evidence. stay Court action At the same time, relevant evidence shall be submitted to prove it.

2. Select Yes Jurisdiction The courts of. Which court should I sue for divorce? The law of our country stipulates that the court jurisdiction generally adopts the principle of "the plaintiff is the defendant", that is, the plaintiff should file a lawsuit to the basic court where the defendant is domiciled Domicile location , domicile and Habitual residence In case of inconsistency, the court at the place of habitual residence shall have jurisdiction over This is a general provision, and there are special provisions. If one of the husband and wife has left the place of residence for more than one year, and the other party filed a divorce lawsuit, the court of the plaintiff's place of residence shall have jurisdiction.

3. Write Indictment , prepare relevant materials, and then report to the person with jurisdiction civil law Court action. The court shall accept the case within 7 days after receiving the materials. When writing the indictment, the information of the plaintiff and defendant should be clearly stated, Claim As well as the factual reasons, two copies of the petition and materials can be submitted to the court. prosecution Filing a case Later, we waited for the case Hearing 。

3、 If you suffer from domestic violence, you can be sued by the court Sentence 吗

Normally, First divorce suit Divorce will not be judged, but in the case of Article 1079 of the Civil Code, divorce may be directly judged in the first lawsuit for divorce.

The following two conditions need to be met:

1. Whether it conforms to beating, binding, maiming and forcible Restriction of personal freedom Or other similar means or frequent abuse, intimidation and other means of physical and mental damage, whether the damage results have reached member of family And other aspects, such as physical and mental health,

2. Whether the time is consistent and regular, it needs to be emphasized here that the evidence of domestic violence must be preserved in time through the timely alarm Injury examination In order to prove that the other party's behavior meets the conditions of domestic violence in the legal sense, various evidences are collected by means of photography, audio and video recording, etc. Only in this way can the judge make a domestic violence judgment for the first time in divorce.

How much can be compensated for domestic violence divorce ? It mainly involves material damage compensation and moral damage compensation. The moral compensation needs to take into account the specific circumstances, which cannot be calculated accurately. In this regard, judges have relatively large discretion. If you have any questions about this, you can click the button below to consult our professional lawyers.