How to collect evidence of domestic violence in Ningbo
Ms. Liu has been repeatedly beaten by her husband and wishes to file for divorce while seeking compensation for damages, but she worries that she may lack sufficient evidence and that the court will not recognize the domestic violence. This is a common predicament faced by many victims of domestic violence: such abuse often occurs in private, and the perpetrator frequently denies it. If the victim relies solely on verbal testimony, it is difficult for the court to establish the facts of domestic violence. Conclusion: The evidence of domestic violence should be timely, comprehensive and legally fixed. The core evidence includes alarm records (alarm records, inquiry records, warning letters, administrative punishment decisions), medical records (medical records, diagnosis certificates, injury appraisal opinions), personal safety protection order ruling, social organization mediation records, audio-visual materials, written repentance materials of the perpetrators and witness testimony, forming a complete chain of evidence that confirms each other, in order to significantly increase the probability of court determination.
1. legal basis: what court determines domestic violence
Article 20 of the "the People's Republic of China Anti-Domestic Violence Law" stipulates: "When the people's court hears cases involving domestic violence, it may determine the facts of domestic violence based on evidence such as the police records of the public security organs, warnings, and injury appraisal opinions. Article 1,079 of the Civil Code of the People's Republic of China lists domestic violence as a statutory ground for granting a divorce when mediation fails; Article 1,091 stipulates that in cases of divorce caused by domestic violence, the non-faulting party has the right to claim damages. The legal consequences of a finding of domestic violence are direct and significant: divorce is granted, damages may be awarded, property division may be skewed in favor of the victim, and the perpetrator may receive an unfavorable assessment regarding child custody. At the evidentiary level, there is also the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in Cases Involving Personal Safety Protection Orders” (Fa Shi [2022] No. 17, effective August 1, 2022), which explicitly defines acts such as starvation or deprivation of necessities, as well as frequent insults, defamation, threats, stalking, and harassment, as domestic violence. It further stipulates that applying for a personal safety protection order is not contingent upon filing divorce proceedings or other lawsuits, nor does it require that harm have already been caused; moreover, the court’s standard of proof for establishing domestic violence is “a substantial likelihood.” In other words, the evidentiary requirements for a protective order are lower than the “high probability” standard of proof in divorce proceedings. Applying for a protective order first to establish the preliminary facts, and then supplementing the evidence in the subsequent divorce litigation, is a highly cost-effective approach to protecting one’s rights. At the same time, it is important to pay attention to the timeliness of evidence: police reports can be retrieved through the local police station upon request, but there are time limits for the retention and retrieval of such records, so applications should be made as soon as possible after the incident. Medical records and imaging data are retained in hospital systems for a limited period, so they should be promptly copied, stamped, and filed. Before changing phones or uninstalling software, be sure to back up original electronic chat records or have them notarized. Witness statements should be documented while memories are still clear, and if necessary, witnesses should be subpoenaed to appear in court. In practice, it is common to encounter the predicament of “failing to report the incident to the police at the time, only seeking evidence years later when one wishes to divorce”—at which point the only available evidence typically consists of medical records (if medical care was sought), the other party’s admissions, and records of subsequent threats, thereby significantly increasing the difficulty of proving the case. Therefore, when collecting evidence of domestic violence, one should establish the habit of “documenting each instance of violence immediately,” erring on the side of being prepared and not needing to use the evidence rather than needing it and having no preparation. From an evidentiary standpoint, it is advisable to prepare “double copies”: one to be submitted to the court and one to be retained by yourself, along with a digital backup. In cases involving custody disputes, you may simultaneously prepare documentation detailing the impact of domestic violence on the children (such as reports from school teachers and records of changes in the children’s emotional state), arguing from the perspective of “the best interests of the minor child” that the abusive party should not be granted direct custody. Where claims for damages are involved, retain relevant evidence of emotional distress to support any claim for compensation for mental anguish. It is better to be prepared and not need it than to need it and not be prepared. First, file for a protective order to establish the preliminary facts, and then strengthen the evidence in the divorce proceedings—this is a highly cost-effective approach to protecting one’s rights.
List of 2. evidence types and fixed points
1. Alarm record (the strongest proof force).After dialing 110, the police are required to be present and obtain the alarm receipt and case number; the police's police record, inquiry record, "domestic violence warning letter" issued, administrative punishment decision, etc., can be directly used as the basis for determining domestic violence. Key point: Request a receipt on the spot; you may later apply to have the police incident record and the official document detailing the outcome retrieved.
2. Medical records.The first time after the injury to the regular hospital for treatment, the doctor in the medical record truthfully, detailed records of the cause of injury and injury (such as "being beaten by the spouse..."), keep the medical record, diagnosis, medical bills; serious injury in a timely manner to apply for forensic injury identification, identification opinion is to prove the degree of injury the most powerful written evidence.
3. Personal safety protection order ruling.The court's ruling on the protection order itself is an important evidence of the facts of domestic violence, and at the same time provides practical protection for the applicant; those who violate the protection order and commit violence again will also face fines, detention and even criminal responsibility.
4. Audio-visual materials and electronic evidence.Audio and video recordings of the occurrence of domestic violence, WeChat short messages of threats after violence, total phone recordings, on-site photos, etc., pay attention to preserving the original carrier (original mobile phone, original documents) and avoid providing only screenshots; The photos should reflect the shooting time, scene and injury. If necessary, the electronic data should be notarized or stored by the time stamp platform.
5. Written materials of the perpetrator.The letter of repentance, guarantee and apology written by the perpetrator afterwards, which state the facts and promises of the beating, are self-confessed evidence with strong probative force, and they must be required to write, sign and date them.
6. Records of social organizations.The mediation transcripts, situation descriptions, and help registration formed by seeking help from neighborhood committees, village committees, women's federations, and people's mediation committees can enhance the integrity of the evidence chain.
7. Testimony of witnesses.The testimony of witnesses who know the situation, such as neighbors, relatives, friends and children, can be strengthened; witnesses must testify in court or submit written testimony, and the testimony of minors is used in combination with other evidence.
Construction of 3. evidence chain: alarm, medical treatment and retention of evidence "three syncs"
The evidence of a single copy is limited, and the practice pays attention to the "chain of evidence on the time axis": on the night of domestic violence, the alarm record proves that "there was a conflict"; The next day, the medical record showed that the injury "caused the injury"; The perpetrator apologized and the letter of repentance proved that "the perpetrator admitted himself"; The superimposed threatening chat record proves that the violence is still continuing and facing real danger. Proceed step by step along this chain: First, report the incident to the police and obtain a receipt; second, seek medical attention, have your injuries examined, and truthfully explain how they were sustained; third, take photos and videos of your injuries, the scene, and any damaged property, and retain the original files; fourth, preserve records of threatening communications and any evidence of the perpetrator’s remorse; fifth, seek assistance from the Women’s Federation and your community, and keep written records; sixth, compile your evidence and apply for a protection order or file for divorce. It is best to secure evidence as early as possible; delays may result in the healing of injuries, the loss of original evidence, and the fading of witnesses’ memories.
4. the Legitimacy Boundary: What Evidence Can't Use
Evidence collection must be legal. Article 106 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China stipulates that evidence obtained or formed through methods that seriously infringe upon the legitimate rights and interests of others, violate prohibitive provisions of the law, or gravely contravene public order and good morals shall not be used as the basis for ascertaining the facts of a case. Accordingly, evidence obtained through unlawful means—such as illegally entering another person’s residence to install surveillance devices, hacking into a spouse’s mobile phone or online accounts, or eavesdropping on private communications—may be excluded; even if the content is factual, the illegality of its acquisition may diminish or entirely eliminate its probative value. Legal alternatives: Installing surveillance cameras at your residence to record public areas, recording audio and video on the spot when you are being harmed, preserving any threat messages sent by the other party (on their original devices), and obtaining official records through police reports and medical visits—these measures are both lawful and reliable.
5. Common misconceptions
Misunderstanding 1: family ugliness should not be publicized, and lawsuits can be won without calling the police.Lack of objective evidence such as reporting to the police and seeking medical treatment will greatly increase the difficulty for the court to determine domestic violence, or even unable to identify it; reporting to the police is not a "publicity of family ugliness", but the first step in safeguarding rights.
Myth 2: A photo of the injury is enough.A single photo has limited probative power and cannot prove "who played and when". The evidence chain should be formed in combination with alarm records, medical records, witness testimony, etc.
Myth 3: Witnesses must see the beating with their own eyes.The testimony of neighbors hearing a heated argument, seeing the victim injured afterwards, and understanding the situation of domestic violence also has a certain proving value and can be used as reinforcement.
Myth 4: Only the injury report counts.Domestic violence does not take the consequences of injury as an element (mental violence, threats, etc. are also constituted), and chat records, repentance letters, and warning letters other than the injury report are equally critical.
Myth 5: Just take a candid camera and get the evidence.Evidence obtained in an illegal manner may be excluded, and the bottom line of legality must be kept.
6. Standard of Proof and Burden of Proof: Procedural Rules in the Determination of Domestic Violence
Understanding the procedural rules of domestic violence identification is helpful to grasp the "fire" of evidence collection ". First, there is a tiered standard of proof: in divorce proceedings, the determination of domestic violence applies the civil litigation standard of “high probability,” meaning that the evidence must convince the judge that the fact of domestic violence is highly likely to have occurred. In contrast, the procedure for issuing a personal protection order, as stipulated in Interpretation No. 17 of 2022, employs a standard of “greater likelihood,” which has a significantly lower threshold—allowing victims to apply for a protection order even when the evidence is not yet complete, thereby securing a court ruling that establishes the fact of domestic violence and subsequently strengthening the evidence for use in the divorce proceedings. Secondly, the allocation of the burden of proof: The party alleging domestic violence and seeking damages, a smaller share of marital property, or custody rights bears the burden of proving the facts of the domestic violence; however, pursuant to Article 20 of the Anti-Domestic Violence Law, the court may directly recognize domestic violence based on official documents such as police dispatch records, warning letters, and medical injury assessment reports, thereby partially shifting the victim’s evidentiary burden to the “procedural record-keeping” mechanism. Third, the evidentiary requirements for applying for a protection order: The applicant need only submit preliminary evidence of having suffered domestic violence or facing an imminent risk, including police reports, medical records, photographs of injuries, threatening chat logs, witness statements, and the like. Upon acceptance of the application, the court shall generally issue a ruling within seventy-two hours; in urgent cases, within twenty-four hours.
The most common cause of failure in practice is not "no evidence", but "scattered evidence and time cut off". It is recommended that victims organize their evidence in three steps: “incident–record–document.” For each instance of domestic violence, they should immediately document the incident with a police report receipt, medical records, and photographs of injuries. These materials can then be consolidated into formal documents such as warning letters, administrative penalty decisions, and protection order rulings. Finally, all the documents should be bound chronologically into a file, accompanied by an evidence inventory, and submitted to the court. Electronic evidence must retain the original medium (the original mobile phone, original files, and complete conversations). Evidence consisting solely of screenshots without the original medium will have significantly diminished probative value. According to the Yinzhou People’s Court’s “White Paper on the Adjudication of Marriage and Family Cases (2019–2021),” electronic evidence such as WeChat messages often suffers from evidentiary defects, making it difficult to be admitted as valid.
7. Frequently Asked Questions
I didn't call the police immediately after being beaten. Can I call the police after a few days?
Sure. Report the incident to the police as soon as possible and explain the situation; officers will prepare an official record. Although this is not as immediate as reporting on the spot, it can still help establish a chain of evidence when combined with medical records and photographs of your injuries. If the perpetrator assaults you again, be sure to call the police immediately at the scene.
Do I need to sue for divorce before applying for a personal safety protection order?
No need. In accordance with the Anti-Domestic Violence Law and Judicial Interpretation No. 17 of 2022, an application for a personal safety protection order is not contingent upon the filing of divorce or other civil litigation; one may apply to the court whenever they have suffered domestic violence or are facing an imminent risk.
Domestic violence evidence is insufficient, how does the court usually deal with divorce?
If the domestic violence fails to be determined, the divorce request can still be examined according to other circumstances of emotional breakdown, but the claim of damages and property inclination will be affected. When the evidence is insufficient, priority should be given to making up the record of public power through procedures such as alarm and protection order.
The abuser wrote a letter of repentance and then went back on it. Is the letter of repentance still useful?
It's useful. A letter of apology constitutes the perpetrator’s admission of the abusive conduct; even if the perpetrator later denies it, the written document may still be used independently as evidence. It is advisable to also preserve records of the writing process as well as any subsequent threatening communications.
If the perpetrator does not admit that he has beaten someone, can he still identify domestic violence?
Yes. The determination of domestic violence does not depend on the perpetrator’s own admission: police records, warning letters, and injury assessment reports may be directly used as evidence (Article 20 of the Anti-Domestic Violence Law). When combined with medical records, photographs, and witness testimony to form a coherent chain of evidence, such findings are sufficient for establishing the fact of domestic violence. If the perpetrator denies the allegations, they must provide a reasonable explanation for their denial.
8. Practical Insights from a Lawyer
The key to domestic violence evidence collection is "three synchrony": call the police, seek medical treatment, and leave a certificate at the same time, and don't wait for it to be supplemented afterwards. Immediately after experiencing violence, report it to the police, insist on obtaining a receipt for the police report, and ask the officers to prepare an official record; if applicable, request that they issue a warning letter. Seek medical attention at a reputable hospital on the same day and ensure that the medical records accurately document the cause of your injuries. Take clear photographs of your injuries and retain the original image files. Receipts, medical records, invoices, and photos should be filed chronologically. Keep the originals in a secure location and simultaneously back them up to the cloud or entrust them to a trusted individual to prevent the other party from deleting or destroying them.
Single-shot materials are often thin, and the key is to form a continuous chain of evidence. Testimony from neighbors, relatives and friends, the community, and the Women’s Federation, as well as mediation records from the workplace or residents’ committee, police dispatch records, warning letters, and expert opinions, can all be pieced together to demonstrate the habitual nature of the abuse. In everyday life, keep a diary or schedule to record the time, manner, and consequences of each incident, being as specific as possible. When feasible and on the condition that your safety is not compromised, retain audio or video recordings of the event; however, always remember not to put yourself in danger in an effort to gather evidence.
The boundaries of collection are equally important. Evidence obtained through unauthorized entry into another person’s residence, unauthorized access to their accounts, or eavesdropping on private conversations may not be admissible and could also give rise to new disputes; when in doubt, it is better to refrain from using such evidence. After obtaining a protection order or a warning letter, if the other party violates it, you should promptly report the violation to the police and preserve relevant evidence, as this will be helpful in determining the severity of the situation and in making subsequent arrangements for child custody. Organize the evidence into three categories—litigation, negotiation, and personal safety—so you won’t be caught off guard when the time comes. Ultimately, the purpose of leaving a trace is to make the facts verifiable, but the prerequisite is always to ensure one’s own personal safety first.
The core of the evidence of domestic violence is the three lines of "the original carrier of medical traces left by public power": alarm record, warning letter and protection order ruling represent the preliminary confirmation of the facts by public power; Medical records and injury identification lock injury consequences; Original chat records, audio and video recordings and repentance letters reflect the continuous state of violence. It is recommended that victims treat “reporting to the police, seeking medical attention, and preserving evidence” as standard procedures following each instance of domestic violence. They should promptly apply to the court for a personal protection order—such an order serves both as protection and as evidence—and then organize all relevant materials into a chronological list to submit to the court, which will significantly increase their chances of success.