My husband always hits me, so I'm scared now. As we all know, some women may have experienced domestic violence in our real life. In fact, there are many reasons for domestic violence. Many people who have suffered from domestic violence are very scared at the thought of domestic violence. Share the solution that my husband keeps hitting me, and I am afraid now.
My husband always hits me. I'm afraid now 1. First of all, if women want to stay away from domestic violence, they must prevent it from the source. It is also important to choose the right person to get married. So when she is in love, she should observe each other's personality and whether there is a tendency to violence. Falling in love is the process of spying on each other in a gentle and intimate way, mainly to get to know each other. Of course, some people may pretend to be in love. At this time, we should make full use of our words and deeds to distinguish.
In marriage, smart women should learn to educate and influence their husbands in a reasonable way, learn to communicate with each other in the family and apologize invisibly in the family; Letting him know how to respect you is the most important means to stop him from using domestic violence.
When strangers from two different families walk together, they will encounter problems in life because of the different living environment. At this time, it is necessary for them to run in together. Three to five years after marriage is the running-in period of marriage. At this time, when they adapt to each other, they should adopt a zero tolerance attitude towards domestic violence women. Once they find signs of domestic violence, they should stop it and prevent court violence.
In addition, women's cultivation is very important, so we must improve it. Women pay more attention to body shape, clothing, makeup, yoga and so on. , or think that "keep a man to keep his stomach first", these are superficial. A woman's cultivation lies in cultivating her mind and improving her temperament and conduct. Basic respect for men, filial piety for the elderly, and care for children.
There may be frequent quarrels between two people, but don't put all the blame on one person. No one can guarantee that he is right all his life, allowing the other party to make mistakes, and even allowing the other party to keep some wrong habits.
Finally, two people should discuss things more, pay attention to cultivating their husbands' parents' awareness, and take their men as their backers, so that they can rely on them for a lifetime. Husband and wife form the habit of discussing things with each other, so that they can communicate with each other. Even if there are mistakes in decision-making, they are jointly caused and have no responsibility. Moreover, the decision-making process fully respects the man, reduces contradictions and avoids domestic violence.
My husband always hits me. I'm afraid of domestic violence now. Do I have to lose money?
The party who suffers from domestic violence has the right to claim damages. According to the relevant provisions of China's Marriage Law and its judicial interpretation, in divorce cases caused by domestic violence, the party at fault can be required to compensate for the divorce caused by domestic violence without fault.
How to compensate for domestic violence?
The object of divorce compensation for domestic violence is personal injury, and the scope of compensation is material damage compensation and mental damage compensation. In the case of domestic violence. The material damage here mainly includes medical expenses, lost time and living allowance for the disabled due to physical and mental injuries.
Mental pain is an extremely subjective feeling, and others cannot know it, so it is impossible to accurately calculate mental damage. The judge can only be entrusted to make judgments based on the subjective malice, plot, common sense, medical professional knowledge and other factors of the actor. The following are some principles used 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 be filed at the same time as the divorce proceedings.
(2) In divorce proceedings in which the innocent party is the defendant, if the defendant fails to file a divorce compensation for domestic violence in the first instance and does so in the second instance, the people's court shall conduct mediation. If mediation fails, the parties concerned shall be informed to file another lawsuit within one year after divorce.
(3) In the divorce proceedings with the innocent party as the defendant, if the defendant does not agree to the divorce and does not propose the compensation for domestic violence divorce, he may file a separate lawsuit for the compensation for domestic violence divorce within one year after the divorce.
How to identify domestic violence
Domestic violence has complete constitutive requirements, therefore, different constitutive requirements of domestic violence will inevitably reflect different situations of domestic violence.
Subjective consciousness, mentality, form, degree, persistence and frequency of violence, times of violence, tolerance and feelings of victims, explicit and implicit consequences are all plot elements to determine the harm degree of domestic violence.
If the perpetrator's behavior is violent, but the circumstances are obviously minor, and the victim expressed forgiveness at that time, it can't be considered as domestic violence, just as the criminal law doesn't consider the behavior that harms society with obvious circumstances and minor circumstances as a crime.
My husband always hits me. I'm scared now. Domestic violence is a social problem that seriously infringes on women and children.
At the press conference on the implementation measures, Tian Wenping, deputy director of the Legal Affairs Committee of the Standing Committee of the Provincial People's Congress, said that the occurrence of domestic violence not only endangers the physical and mental health and life safety of family members, but also affects social security and stability. As a vulnerable group, women and children have become the main victims of domestic violence.
The statistics of the petition system of the Provincial Women's Federation also show that domestic violence has always been the main content of women's petitions and complaints, and the number has always occupied the first place in marriage and family complaints, accounting for about 36.7%. Due to the concealment of domestic violence and the influence of the traditional concept that domestic violence should not be publicized, domestic violence has always been the focus and difficulty of women and children's rights protection.
What are the highlights of the Implementation Measures?
The implementation measures standardize the prevention, disposal, rescue, behavior correction and judicial relief of domestic violence.
Highlight 1: clarify the responsibilities of the government and strengthen job security from the aspects of people, finance, intelligence and responsibility.
The people's governments at or above the county level shall strengthen the leadership over the anti-domestic violence work, establish a working mechanism, and incorporate the required funds into the fiscal budget at the corresponding level.
Township people's governments and sub-district offices shall determine the persons responsible for the prevention, disposal and rescue of domestic violence within their respective jurisdictions, and clarify the personnel and responsibilities.
In order to realize the specialization and scientificity of anti-domestic violence work, the Implementation Measures clearly require that personnel engaged in related work should receive anti-domestic violence knowledge and skills training.
In order to do a good job in accepting complaints about domestic violence, the Implementation Measures clarify the first responsibility, requiring departments and units that receive complaints, reflections or help from domestic violence first to do a good job in accepting, following up and referring them according to their work responsibilities, and not to shirk each other.
Highlight 2: Strengthen the multi-sectoral cooperation mechanism, encourage social forces to participate, and improve joint efforts.
Focusing on the anti-domestic violence work, the "Implementation Measures" determines that the people's governments at or above the county level are responsible for organizing, coordinating, guiding and urging relevant units to perform anti-domestic violence work according to law, with the cooperation of education, public security, civil affairs, judicial administration, health and other departments.
Women's federations at all levels, trade unions, the Communist Youth League, the Disabled Persons' Federation and legally established organizations for the aged. Assist the people's government at the same level to do a good job in combating domestic violence and make provisions on information sharing among relevant government departments, people's courts, people's procuratorates and women's federations.
It is clear that administrative organs, relevant units and judicial organs can support qualified social work service agencies and other social organizations to carry out mental health, family relationship guidance, knowledge education on domestic violence prevention, shelter for victims of domestic violence, psychological intervention, behavior correction of perpetrators and other relief services through purchasing services and project cooperation, so as to give full play to the professionalism and flexibility of social organizations in anti-domestic violence work.
Highlight 3: Implementation-oriented, detailed preventive measures and enhanced operability.
In view of the fact that the implementation effect of the warning letter and the personal safety protection order is of great significance to the protection of victims and the anti-domestic violence work, the implementation measures are further refined.
In terms of early warning, the implementation measures clarify the circumstances in which public security organs should issue early warning. The specific style of early warning shall be uniformly stipulated by provincial public security organs, and public security organs shall input early warning and related information into the law enforcement case handling information system. In view of the fact that some perpetrators refused to sign the warning in practice, the "Implementation Measures" clearly stipulates that the offender's refusal to sign does not affect the effectiveness of the warning.
In terms of personal safety protection orders, the "Implementation Measures" stipulates that the application for personal safety protection orders is not based on the premise of causing actual damage. On the basis of the superior law, this provision once again clarifies that the personal safety protection order is not only to protect the victim from the re-injury of domestic violence, but also to prevent the occurrence of potential serious domestic violence. If domestic violence has occurred or there is a risk of domestic violence, the parties concerned may apply to the people's court.
What should minors do if they suffer from domestic violence?
Specific to the protection of minors in domestic violence, the implementation measures have been further refined. If it is stipulated that domestic violence is committed against minors, the public security organ shall give a warning to the perpetrators. Considering that witnessing domestic violence is also harmful to the physical and mental health of minors, the implementation measures stipulate that minors who witness domestic violence are victims of domestic violence and should be helped and protected according to law.
The implementation measures also stipulate that kindergartens and schools should carry out anti-domestic violence propaganda for minors and cultivate students' and children's awareness of anti-domestic violence and self-protection ability. When minors are found to have suffered or suspected to have suffered domestic violence, they shall promptly fulfill their obligation to report the case to the public security organ.
In the relevant provisions of temporary residence, the implementation measures clearly put forward that victims with no or limited capacity for civil conduct should be given classified assistance according to gender and age, and special personnel should be arranged to accompany and take care of them.
How to break the proof of domestic violence
Because domestic violence generally occurs within the family, if the victim has no awareness of obtaining evidence, it will be more difficult to identify and defend the rights of domestic violence in the later period. In order to help the parties obtain legal and valid evidence of domestic violence in time, there are detailed provisions in the implementation measures.
After receiving the alarm, the public security organ shall promptly go to the police and take measures including "asking the injurer, the victim and the witness, fixing the evidence by means of audio recording, video recording and photographing, and making an inquiry record; Assist victims who need emergency treatment to seek medical treatment. If they are injured, they will be identified according to law. "
Medical institutions and their staff shall record the diagnosis and treatment of victims of domestic violence, cooperate with relevant authorities to investigate and collect evidence, and truthfully issue diagnosis and medical certificates.
In response to a reporter's question, Tian Wenping reminded that in order to get rid of the psychology of "washing your dirty linen in public" after domestic violence, you should complain or report to neighborhood committees, villagers' committees and women's federations in time, and the alarm receipts, inquiry records, warning letters, help-seeking records and investigation records issued by communities, women's federations, mediation committees and work units can be used as evidence.
What can I do except call the police when I suffer from domestic violence?
After family members suffer from domestic violence, in addition to calling the police, victims of domestic violence and their legal representatives and close relatives can also seek help nearby. That is, to complain, reflect or ask for help to the unit where the offender or victim belongs, the residents' committee, the villagers' committee, the women's federation, the trade union, the Communist Youth League, the disabled federation and other relevant units. After receiving complaints, reflections or help from domestic violence, the relevant units shall give help and treatment.
Seek temporary asylum. Victims of domestic violence can go to temporary shelters and seek temporary life help. Temporary shelters should guarantee the basic livelihood of victims, provide psychological counseling and medical care services for victims, and provide classified assistance to victims of violence according to gender and age.
Apply for personal safety protection order. Anyone who suffers from domestic violence or faces the real danger of domestic violence may apply to the people's court for a personal safety protection order according to law. The application for personal safety protection order is not based on the premise of causing actual damage. If a person with no capacity for civil conduct, a person with limited capacity for civil conduct or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and education aid administrative agencies may apply on his behalf.