How much can be compensated for domestic violence divorce

I Domestic violence divorce How much can be compensated

suffer Family Violence One party has the right to claim damages《 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 Domestic violence divorce Indemnification.

The harm caused to the injured party by domestic violence 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, and no one else can know it, so the mental damage cannot be accurately calculated. It can only be judged according to the actor's subjective malice, plot, common sense, medical expertise and other factors. In this regard, judges have relatively large discretion.

2、 Was Domestic violence , How to sue for divorce

1. Ready evidence Material Science. This requires the victim to call the police in time when encountering domestic violence, ask the police to issue corresponding investigation records and certificates, or report to the neighborhood committee in time. The village committee reported that after being injured, they should seek medical advice in a timely manner, keep diagnosis certificates, invoices and other things, and take photos in a timely manner after being injured to leave evidence. When a lawsuit is filed in the court, corresponding evidence shall be submitted to prove it.

2. Select Yes Jurisdiction The courts of. Sue for divorce , which court should we sue? 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 in the defendant's place of residence. The place of residence is the place of residence. If the place of residence is inconsistent with the place of habitual residence, the court in the place of habitual residence shall have jurisdiction over 。 This is a general provision, as well as a special provision. 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, it shall be under the jurisdiction of the court where the plaintiff resides.

3. Write Indictment , prepare relevant materials, and then file a lawsuit to the people's court with jurisdiction. 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, litigation For the request and factual reasons, submit two copies of the petition and materials to the court. prosecution Filing a case Later, we waited for the case Hearing 。

3、 Can I be sentenced by the court for domestic violence

Generally, divorce will not be judged in the first divorce lawsuit, but in the case of Article 1079 of the Civil Code, divorce may be directly judged in the first divorce lawsuit.

The following two conditions need to be met:

1. Whether it is in line with physical and mental damage behaviors such as beating, binding, maiming, forcibly restricting personal freedom or other similar means, or frequent abuse, intimidation and other ways, and whether the damage results have reached certain harm consequences for other family members in terms of physical and mental aspects,

2. Whether the time has reached the continuity and regularity, it needs to be emphasized here that we must preserve the evidence of domestic violence and collect all kinds of evidence through timely alarm, timely injury examination, photography, audio and video recording and other ways to prove that the other party's behavior meets the conditions of domestic violence in the legal sense. Only in this way can the judge make the first judgment of domestic violence in divorce.

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