How much compensation should be paid for general domestic violence divorce

According to statistics, in fact, there are still many couples because one party has violent behavior against the other, which leads to both parties Couple's feelings are broken , the final trend divorce Of. And because Family Violence When divorce is caused, the innocent party can claim compensation from the guilty party Domestic violence divorce How much compensation is needed? Please find out in the following paragraphs.

1、 How much compensation is needed for domestic violence divorce

The party suffering from domestic violence has the right to claim damages《 Civil Code 》According to the relevant provisions of Domestic violence divorce Indemnification.

Family Violence divorce compensation The object of infringement is 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 wages, 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 to judge according to the subjective malice, circumstances, common sense, medical expertise and other factors of the actor by virtue of judicial experience. The following are some principles applied in judicial practice:

（1） If the innocent party, as the plaintiff, files a claim for divorce compensation for domestic violence with the people's court, it must 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 party concerned shall be informed to bring a new lawsuit within one year after divorce.

（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 (effective on January 1, 2021)【 Divorce damages 】If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

（1） Bigamy;

（2） With others cohabitation ;

（3） Domestic violence;

（4） Abuse or abandon family members;

（5） There are other major faults.

2、 How to collect domestic violence and divorce evidence

First witness Testimony.

The security guards in the community, such as their parents, friends at home, nannies or neighbors, etc. perhaps Entrusted lawyer Collect evidence from witnesses in the form of investigation records.

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 documentary evidence should be properly preserved, including the late continuous treatment of the victim, and the relevant documentary evidence should also be properly preserved.

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 lawyer Methods of investigation.

Seventh, call recording. This call recording can also be used as attached evidence. If the other party does not deny the violence during the conversation, call recording can also be made.

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 compensation for mental loss. However, 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.