The post-80s couple sued for divorce due to cold violence
A Qiang and Xiao Hong are both born in the 1980s who live in Guangzhou. Both of them have higher education. A Qiang graduated from graduate school and Xiao Hong graduated from university. They got married after free love.
When they first got married, Ah Qiang and Xiao Hong were still very affectionate, and the relationship between them was also very harmonious. However, as time went by, because of some household chores, conflicts gradually emerged between A Qiang and Xiao Hong. Little Hong slowly began to find that Ah Qiang's attitude towards her had changed. A Qiang often smashes the furniture and household appliances at home in front of Xiao Hong. Although he doesn't beat Xiao Hong, Xiao Hong feels psychological fear. At the same time, A Qiang imposed an economic blockade on Xiao Hong who stayed at home full-time, forcing her to do what she was unwilling to do by economic means.
The unbearable Xiao Hong chose to sue for divorce in the Baiyun District Court in Guangzhou. She believed that these actions of Ah Qiang had threatened her spiritually and were cold domestic violence.
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There are some differences in people's understanding of cold violence. Only 56.9% of the respondents think that they have ignored each other for a long time, and 48.5% of the respondents think that they have rejected married life without reason for a long time, which is domestic violence. In addition, even fewer respondents, 38.7%, believed that economic sanctions against family members were domestic violence.
According to the staff of the Legal Service Center of Guangdong Women's Federation, domestic cold violence also belongs to the category of domestic violence, but it is difficult to identify it because there is no clear definition in the law at present. However, the party suffering from cold violence should be aware of collecting evidence, and can use on-site photos, videos, WeChat, QQ chat records, guarantees, etc. to prove that it has suffered from cold violence.
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Domestic violence prevention regulations are being formulated
The asylum center has been piloted
How does domestic violence occur in marriage and how can it be avoided? Wang Biaochen introduced that the occurrence of domestic violence had little to do with the education background and economic conditions of the perpetrator, but it was mainly related to his growth environment. For example, he had lived in a violent environment since childhood and did not know how to deal with his own emotional model. Secondly, there was a problem with the interaction model between husband and wife, and the emotional escalation of both parties led to violent solutions.
Wang Biaochen suggested that once one of the couples has committed violence, they must examine the interaction mode of both sides, and when violence means appear for the first time, they should show their attitude not to accept violence, and only if the other party is willing to make changes can they accept it. If violence occurs without treatment, it will sow seeds, and violence will occur in the future.
The phenomenon of domestic violence in marriage is increasing day by day, but it is difficult for the victims to seek help. It is difficult to accept the case because there is no legal basis to seek help from the public security. Find the Women's Federation, which has no law enforcement power and can only coordinate. What policies and measures will Guangdong adopt to deal with domestic violence in the future?
According to the relevant person in charge of the Rights and Interests Department of Guangdong Women's Federation, the country is currently revising the Law of the People's Republic of China on Anti Domestic Violence. As early as last year, Guangdong was operating the draft of the Regulations on the Prevention of Domestic Violence in Guangdong Province. Once the national legislation is passed, Guangdong will quickly introduce the landing rules. At that time, a perfect anti domestic violence mechanism will be formed to protect the victims from the legal level.
In addition, the Guangdong Women's Federation has piloted the establishment of a domestic violence shelter center in the whole province, which has now been piloted in Dongguan, and Guangzhou also intends to establish it. According to the relevant person in charge of the Rights and Interests Department of Guangdong Women's Federation, the Women's Federation, together with the civil affairs department, had previously established a domestic violence shelter center, but it was generally located in the relief management station, with a complex environment and inconvenient access. The new domestic violence shelter center set up in Dongguan this year was set up separately, with professional social workers to help, a warm environment and a parent-child room.
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Call for help in case of domestic violence
According to the relevant person in charge of the Guangzhou Women's Federation, if citizens encounter domestic violence, they can call 020-38613861 Guangzhou Women's Rights Defense Hotline. The Guangzhou Women's Federation has professionals who can provide legal advice, psychological counseling and help, and can also cooperate with social workers to carry out in-depth services to alleviate family relations.
In addition, you can also call the Guangdong Women's Hotline 12338 for help.
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Protecting rights in case of domestic violence can be divided into three steps
According to the relevant person in charge of Guangzhou Conghua Court, in addition to the above-mentioned physical violence and cold violence, domestic violence also includes economic violence and sexual violence. Among them, economic violence refers to that one spouse forcibly controls the victim's money and finances for self enjoyment; Sexual violence is sexual contact between one spouse and the other against the will of the other, which is an extremely hidden form of expression. How should women defend their rights in the face of domestic violence in the above situations?
● Collect evidence in a timely and comprehensive manner Paragraph 1 of Article 64 of the Civil Procedure Law of the People's Republic of China stipulates: "The parties are responsible for providing evidence for their claims." If the parties do not provide evidence to prove their claims, they will bear the risk of losing the lawsuit. In the case of domestic violence, the victim should fix and collect evidence in a timely and comprehensive manner. For example: wooden sticks and other tools used by the perpetrator, alarm records and interrogation records made by the public security organ, outpatient medical records issued by medical institutions, forensic medical living appraisal certificate, witness testimony of informed children, repentance and guarantee of the perpetrator, etc.
● Full use of personal safety protection measures Article 100 of the Civil Procedure Law of the People's Republic of China gives the parties the rights. According to this article and relevant legal provisions, victims of domestic violence cases can apply to the court for a ruling prohibiting the respondent from beating, threatening the applicant or the applicant's relatives and friends, and prohibiting the respondent from moving within 200 meters from the applicant's residence, school, work unit or other places where the applicant often goes, so as to effectively ensure their personal safety.
● Comprehensive use of multiple legal channels for relief If the victim needs to dissolve the marriage relationship, he or she can require the perpetrator to pay emotional damages in accordance with the relevant provisions of the Marriage Law of the People's Republic of China; If the victim wants to protect his/her own rights and interests, he/she can apply for a tort dispute according to the provisions of the General Principles of the Civil Law, the Tort Law of the People's Republic of China and other laws, and claim personal damage compensation from the perpetrator. If the violence constitutes a crime, the criminal responsibility of the perpetrator may also be investigated for the crime of intentional injury, the crime of maltreatment, etc.
