How much compensation should be paid for general domestic violence divorce

According to statistics, there are still many couples today because one has violence , resulting in both parties Couple's feelings are broken , the final trend divorce Of. And because Family Violence When the divorce is caused, the innocent party can ask the guilty party to make compensate for , that's average Domestic violence divorce How much compensation is needed? Please find out in the following paragraphs.

1、 Domestic violence Divorce needs How much compensation

The party suffering from domestic violence has the right to request Damages According to our country《 Civil Code 》According to the relevant provisions of Divorce compensation for domestic violence 。

The infringed objects of divorce compensation for domestic violence are Personal injury , the scope of compensation is material damage compensation and Compensation for mental damage Two aspects. In the case of domestic violence. Here, material damage mainly includes physical and mental damage Medical expenses ， Lost time Cost, living allowance for the disabled, etc. Spiritual pain is an extremely subjective feeling that others can't know, so Mental damage It is impossible to calculate accurately and can only be entrusted to the judge based on judicial experience, according to Actor Subjective malice, plot, common sense Medical appraisal And other factors. The following are some principles applied in judicial practice:

（1） No fault party as plaintiff civil law If the court files a claim for divorce compensation for domestic violence, it must contact Divorce proceedings It is also proposed.

（2） Divorce cases in which the innocent party is the defendant, first instance At that time, the defendant did not propose divorce compensation for domestic violence second instance If it is proposed by the people's court at that time, the people's court shall conduct mediation. If mediation fails, the people's court shall inform party Within one year after divorce prosecution 。

（3） In a divorce case where the innocent party is the defendant, if the defendant does not agree to divorce and does not file divorce compensation for domestic violence, it can file a separate divorce compensation for domestic violence within one year after divorce litigation 。

Article 1091 of the Civil Code【 Divorce damages 】If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

(I) bigamy ;

（2） With others cohabitation ;

（3） Domestic violence;

（4） Abuse and abandonment member of family ;

（5） There are other major faults.

2、 How about domestic violence and divorce collect evidence

First Testimony of witness 。

The security guards in the community, such as their parents, friends at home, nannies or neighbors, etc. Or entrust a lawyer to report to witness Obtain evidence.

Second, once reported to the police, the police will have a police record. Usually, the police will have a set of legal procedures to deal with domestic violence and make a record.

Third, the diagnosis certificate and treatment certificate of the hospital.

The victim needs to go to the hospital for treatment in a timely manner, and there will also be a hospital diagnosis certificate, a receipt of medical expenses and cases. these ones here Documentary evidence Should be well reserved, including victim Relevant documentary evidence should also be properly preserved for the later continuous treatment.

Fourth, if the victim has complained to the Women's Federation about the violence of family members, the women's federation comrades have dealt with the matter and sought mediation from the other party. The women's federation organization has the original work records.

Fifth, if it has ever issued documentary evidence to the neighborhood committee or the relevant organization of the villagers' committee, it can also issue documentary evidence.

Sixth, the leader of the work unit can also issue documentary evidence on behalf of the single, of course, can also take the method of lawyers to investigate.

Seventh, call recording, which can also be attached evidence If the other party does not deny the violence during the conversation, you can also make a call recording.

Eighth, the other party once wrote guarantee , confession Letter of Commitment Such documents can also be used as evidence.

Ninth, those who have taken relevant photos or have video recordings can also be used as evidence.

It also includes Mental loss Compensation, but the actual calculation of compensation for mental loss may be more complicated, because it is not specific damage, and many factors should be taken into account when calculating. If you have any questions in this regard, please call us directly Nomogram Professional lawyers.