Insights

Ningbo Encountered Domestic Violence How to Divorce the Most Favorable

Ningbo Author：LuXu WANG

Ms. Zhang has been subjected to prolonged domestic violence by her husband. She wants a divorce but fears retaliation from him and is even more worried that she will be forced to make concessions during the divorce negotiations. She consulted a lawyer to find out how she could protect her own safety while also seeking the property and compensation she is entitled to. To begin with, in divorce cases involving domestic violence, safety should be the top priority. It is advisable to prioritize divorce through litigation or court-mediated settlement, thereby avoiding the 30-day cooling-off period required for divorce by agreement and the risks associated with private negotiations. At the same time, one may apply for a personal protection order and, in accordance with the law, seek compensation for damages resulting from the divorce as well as a larger share of the marital property. Once domestic violence is recognized by the court, it constitutes a statutory ground for divorce; if mediation fails, the court shall grant the divorce. The non‑faulting party may also claim damages and receive preferential treatment in the division of marital property. This article, in conjunction with the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") and the Anti-Domestic Violence Law of the People's Republic of China (hereinafter referred to as the "Anti-Domestic Violence Law"), analyzes the procedural pathways, evidentiary requirements, and compensation rules.

1. Legal Basis: Domestic violence is a legally recognized ground for divorce and for claiming compensation.

Article 1079, paragraph 3 of the Civil Code stipulates: "If any of the following circumstances exist and mediation has failed, divorce shall be granted:… (II) Committing domestic violence or maltreating or abandoning family members…" This provision clearly states that domestic violence is a legally recognized ground for marital breakdown; once mediation fails, the court must grant a divorce, leaving no room for discretionary consideration to "give another chance." Article 1091 states: "The innocent party shall have the right to claim damages if one of the following circumstances results in a divorce: ...... (III) domestic violence ......" Accordingly, the victim of domestic violence may claim both material and moral damages at the time of divorce. The party entitled to claim damages is the non‑faulting party—where both parties have committed wrongful acts such as domestic violence, their respective claims may offset one another or none of them may be upheld. Article 23 of the Anti-Domestic Violence Law provides for procedural protection: “Where a party applies to the people’s court for a personal safety protection order on the grounds of having suffered domestic violence or facing an imminent risk of domestic violence, the people’s court shall accept the application.” A personal protection order does not require the prior filing of a divorce lawsuit. Individuals who have suffered domestic violence or face an imminent risk may apply for such an order independently. Upon receipt of the application, the court will generally issue a decision within seventy-two hours (or twenty-four hours in urgent cases). The order is valid for no more than six months and may be revoked, modified, or extended upon application. Anyone who violates a protection order may be reprimanded, fined, or detained by the court; if the violation constitutes a crime, criminal liability shall be pursued.

2. Path Selection: Why Litigation Divorce Is Superior to Agreement Divorce in Cases of Domestic Violence

divorce by agreement needs a cooling-off period of 30 days: either party can withdraw it within 30 days after the application, and both parties must be present to collect the certificate together within 30 days after the expiration. For victims of domestic violence, there are three real risks in this path: first, during the cooling-off period, the other party may continue to commit violence or pressure, withdrawing the application to make the divorce plan fail; second, agreed divorce requires both parties to agree on property and child support, and victims are often forced to accept unfavorable conditions when negotiating under fear and pressure; third, the Civil Affairs Bureau does not review the facts of domestic violence and does not deal with damages, the cost of "concessions for divorce" for victims is extremely high. In contrast, there is no cooling-off period for litigation divorce. After the lawsuit is filed and accepted, the court will enter the procedural protection, and the personal safety protection order of the applicant can be applied simultaneously to prohibit the other party from approaching, harassing or following. If the court mediates a divorce, it shall issue a civil mediation document, which has enforcement power and does not need to go through a cooling-off period of the Civil Affairs Bureau. If both parties reach an agreement through court mediation, the provisions in the mediation statement regarding property division and child custody may be directly subject to enforcement, providing an additional layer of judicial protection compared to an agreement registered with the civil affairs bureau. It should be noted that mediation is not entirely precluded in divorce litigation—courts are required to attempt mediation prior to adjudicating divorce cases. However, in cases involving domestic violence, mediation may only proceed with the victim’s voluntary consent, and any mediation agreement must not compromise the victim’s personal safety.

3. Criteria for recognizing domestic violence: it is not automatically established simply because "physical force was used."

Article 2 of the Anti-Domestic Violence Law defines domestic violence as “acts of physical, psychological, and other forms of harm perpetrated between family members through means such as beating, binding, maiming, restricting personal freedom, as well as through frequent verbal abuse and intimidation.” According to this, the determination of domestic violence depends on three groups of elements: first, the way of behavior-beating, binding, mutilation, restriction of personal freedom, frequent verbal abuse and intimidation, etc., occasional altercation or slight pushing may not reach the level of "domestic violence"; Second, the frequency and continuity of occurrence-a single serious beating can be constituted, and long-term repeated physical or mental abuse is more typical; Third, damage consequences-causing physical or mental damage, injury identification, medical records, and psychological diagnosis and treatment records are important supporting evidence. Psychological violence—characterized by prolonged verbal abuse, intimidation, and emotional manipulation—is gradually gaining recognition in judicial practice; however, the evidentiary requirements are more stringent, typically necessitating sustained chat logs, audio recordings, and witness testimony as supporting evidence. It should be noted that when determining whether an act constitutes domestic violence, the court will assess it comprehensively based on its frequency, methods, and consequences; serious injury is not the only criterion. Conversely, mere emotional shoving or pushing without any physical harm may not be recognized as domestic violence. Therefore, victims should report incidents to the police and obtain medical examinations to preserve evidence, ensuring that each instance of abuse is documented and verifiable.

4. List of Evidence: Ensuring the Facts of Domestic Violence Are "Well-Founded"

The core of domestic violence determination lies in the evidence; it is recommended to systematically collect and preserve evidence according to the following checklist:

  1. Record of Reporting: Immediately dial 110; include the public security organ’s response record, interrogation transcripts, and case acceptance receipt. In cases of serious circumstances, the public security organ shall issue a domestic violence warning letter in accordance with the Anti-Domestic Violence Law—such a warning letter constitutes strong evidence for establishing domestic violence.
  2. Medical treatment materials: timely medical treatment and preservation of medical records, diagnosis certificates, injury photos (including time watermark), medical bills, and apply for injury identification if necessary;
  3. Personal Safety Protection Order: Apply to the basic-level people’s court in the place of residence or where the domestic violence occurred for a personal safety protection order. The court’s ruling itself constitutes a judicial confirmation of the fact of domestic violence and carries significant evidentiary weight in any subsequent litigation.
  4. Electronic evidence: Threatening and abusive content from WeChat and text messages—preserve the original devices or platforms and take continuous screenshots; notarization may be required where necessary.
  5. Written and audio and video: the repentance and guarantee written by the other party, and the audio and video recording of the violent process;
  6. Third-party records: the mediation records and certificates of neighborhood committees, village committees and women's federations, and the witness testimonies of neighbors, relatives and friends.

Evidence preservation should adhere to the three principles of “timeliness, completeness, and priority of originals”: After an incident of harm occurs, promptly report it to the police and seek medical attention, ensuring that each instance of violence is documented in writing; for electronic evidence, retain the original mobile device and account credentials, avoiding reliance solely on forwarded screenshots; and endeavor to obtain written statements from witnesses, along with their contact information. The determination of domestic violence facts follows the principle of “he who asserts must prove”; the earlier and more comprehensively the evidence is secured, the higher the likelihood that the party’s claims in litigation will be upheld.

5. Damages and a larger share of the property: What can be claimed?

There are three levels of rights and interests that victims of domestic violence can claim. First, compensation for divorce damages: according to article 1091 of the civil code, both material damages (actual losses such as medical expenses, lost wages, transportation expenses, etc.) and emotional damages can be claimed, and the amount shall be determined by the court in combination with the degree of fault, the consequences of the damage and the economic conditions of both parties. Damages must be filed together in divorce proceedings, and separate claims may not be supported after divorce (except where the innocent party is the defendant and does not claim in the lawsuit). Secondly, consideration in property division: In accordance with Article 1087, when dividing jointly owned property, due consideration shall be given to the interests of the children, the female party, and the party not at fault. A victim of domestic violence may claim a larger share, with the specific proportion determined based on the degree of fault and the parties’ respective financial circumstances. Third, compensation for housework and assistance in cases of financial hardship: Where one party has undertaken a greater share of obligations related to raising children or caring for elderly family members, they may, pursuant to Article 1088, claim economic compensation; if, after divorce, that party genuinely faces financial difficulties, they may, pursuant to Article 1090, request appropriate assistance. If domestic violence constitutes a criminal offense such as intentional injury or abuse, criminal liability may be pursued in accordance with the law, without prejudice to any claim for civil compensation—such claims may be brought either as part of a criminal proceeding or through a separate civil action.

6. Key operational points for personal safety protection orders

A personal protection order is the most important procedural safeguard for victims of domestic violence. Application conditions: due to domestic violence or facing the real danger of domestic violence. Applicant: The victim in person; for persons with no or limited capacity for civil conduct, applications may be submitted by their close relatives, public security organs, the All-China Women’s Federation, neighborhood committees, or other relevant entities. Application materials: Application form, identity document, evidence of domestic violence (police report receipt, warning letter, medical records, photographs of injuries, chat logs containing threats or intimidation, etc.). Jurisdiction and Time Limits: An application shall be filed with the basic-level people’s court in the applicant’s or the respondent’s place of residence, or in the place where the domestic violence occurred. The court shall issue a ruling within seventy-two hours of accepting the application; in urgent cases, the ruling shall be issued within twenty-four hours. Protective measures: The respondent is prohibited from engaging in domestic violence, harassment, stalking, or contacting the applicant and their close relatives; the respondent is also ordered to vacate the applicant’s residence, among other measures. Time limit and relief: if the period of validity does not exceed six months, the applicant may apply for revocation, change or extension; if the respondent is not satisfied with the ruling, it may apply for reconsideration, and the execution shall not be suspended during the reconsideration period. Those who violate the protection order shall be admonished, fined or detained by the court, and those who constitute a crime shall be investigated for criminal responsibility. A protection order does not require divorce as a prerequisite—those who are not yet ready to divorce or are still considering divorce may also apply.

7. Real-life cases and judicial guidelines

The Ningbo courts have publicly available cases that demonstrate their protection of victims of domestic violence and the rights of the non‑faulting party. According to the divorce case of Meishan Court of Ningbo Beilun District Court reported by Zhejiang Rule of Law News on October 13, 2021, when the husband remarried and gave birth to two children with others, the court decided to compensate 150000 yuan financially and supported the no-fault party to compensate 50000 yuan for damages. The second instance of Ningbo Intermediate People's Court maintained-Ningbo Court held a supportive attitude towards the no-fault party's claim for damages. Victims of domestic violence can actively provide evidence with reference to claim for divorce damages. According to the divorce dispute between Chang and Meng heard by Ningbo Jiangbei Court, one party claimed that the other party's transfer of property was not accepted due to insufficient evidence-the determination of the fact of domestic violence also follows the principle of "who advocates who gives evidence". The earlier the alarm records, warning letters, injury medical records and WeChat records are fixed, the more complete the probability of the litigation claim being supported. Furthermore, according to the Yuyao People’s Court’s “White Paper on Family Case Adjudication (2014–2023),” its “1+N” diversified dispute resolution mechanism, family investigators, and divorce certificates have been promoted by the Supreme People’s Court. Victims of domestic violence can obtain procedural protection through the court’s specialized family case adjudication system.

8. Common Misconceptions and Correct Answers

Misunderstanding 1: You should endure it for the sake of children. Positive explanation: Long-term domestic violence not only harms oneself, but also has a negative impact on the growth of children-minors who witness domestic violence are physically and mentally damaged, and timely stop loss is the responsibility for children.

Misunderstanding 2: Agreement divorce is the fastest and the most convenient, and domestic violence can also be discussed.Correct answer: In cases of domestic violence, divorce by mutual agreement carries significant risks, as the cooling-off period and negotiation process may exacerbate the violence; divorce through litigation does not involve a cooling-off period and offers judicial protections such as protection orders and mediation agreements, making it a more secure option.

Misconception 3: The court will only recognize domestic violence and grant a divorce if it has resulted in serious harm.Correct answer: The court considers factors such as the frequency, methods, and consequences of domestic violence; both a single instance of severe physical assault and prolonged psychological abuse may constitute domestic violence. Once domestic violence is established, if mediation fails, a divorce should be granted by judgment.

Myth 4: If you report the incident to the police and have medical records, domestic violence will automatically be recognized.Correct answer: The pieces of evidence must corroborate one another to form a chain of evidence—police reports, warning letters, medical records documenting injuries, electronic evidence, and third-party records are all indispensable; a single piece of evidence is insufficient to support a determination.

Misunderstanding 5: After divorce, you can still claim compensation for domestic violence.Correct answer: In principle, claims for damages in divorce cases must be raised concurrently with the divorce proceedings; separate claims filed after the divorce are generally not upheld. Therefore, such claims must be asserted within the divorce litigation.

9. operation steps: proceed in the order of "safety-evidence-procedure"

Victims of domestic violence are advised to take the following steps in this order:

  1. Ensure personal safety: move out of the common residence immediately or go to relatives and friends, shelter for temporary stay, avoid contact with each other alone, call 110 in case of emergency;
  2. Call the police and seek medical treatment: call the police at the first time after encountering violence, and keep the alarm record, inquiry record and warning letter; seek medical treatment in time and save medical records and injury photos, and apply for injury identification if necessary;
  3. Apply for the personal safety protection order: submit the application and evidence to the grass-roots court of the place of residence or the place where the domestic violence occurs, forbid the other party to carry out domestic violence and contact with himself, and the parties in Ningbo can submit the application materials online through the mobile micro court;
  4. Gathering Evidence of Domestic Violence: Systematically organize, in accordance with the evidence checklist provided earlier, audio and video recordings, WeChat chat logs, letters of apology, witness statements, and records of mediation conducted by the residents’ committee or the Women’s Federation, among other materials.
  5. Filing for divorce: In the complaint, clearly state the facts of domestic violence and request divorce, compensation for damages, child custody, and a larger share of the marital property; you may simultaneously apply for property preservation.
  6. Execution and follow-up: if the other party refuses to perform (such as not paying compensation or vacating) after the judgment or mediation takes effect, apply for compulsory execution; if it violates the protection order, it shall be reported to the court in time.

10. FAQ

In cases of domestic violence, is it better to opt for a divorce by agreement or a divorce through litigation?

Filing for divorce through litigation is a more reliable option in cases of domestic violence: there is no 30-day cooling-off period, and one can simultaneously apply for a personal protection order. If the court mediates the divorce, it will issue a mediation agreement that carries compulsory enforcement power; by contrast, the cooling-off period required for divorce by mutual consent, coupled with private negotiations, carries the risk of continued abuse.

How do I apply for a personal protection order? Do I need to file for divorce first?

There is no need to file for divorce first. Simply submit an application, proof of identity, and evidence of domestic violence to the grassroots people’s court in the applicant’s or respondent’s place of residence, or in the place where the domestic violence occurred. The court shall issue a ruling within seventy-two hours; in emergency cases, it shall do so within twenty-four hours. The order shall be valid for no more than six months.

How much compensation can be awarded in a divorce case involving domestic violence?

Compensation is divided into two parts: material damage (medical expenses, lost wages and other actual losses) and spiritual damage solatium. The amount is determined by the court in combination with the degree of fault, consequences and the economic situation of both parties, and there is no unified standard. It can also claim more property, compensation for housework and help for living difficulties.

If there’s only verbal abuse and no physical violence, does that count as domestic violence?

Frequent verbal abuse, intimidation and other mental violations belong to domestic violence defined by the Anti-Domestic Violence Law, but the proof requirement is higher, which requires continuous recording, chat records, witness testimony and other support; after confirmation, they can also be sentenced to divorce and claim compensation.

The other party refuses to divorce and is even threatening retaliation—what should I do?

Adhere to divorce proceedings and apply for personal safety protection orders simultaneously; Threats and threats can be reported to the police if the circumstances are serious, which constitute crimes such as picking quarrels and causing troubles, intentional injuries, etc. to be investigated for criminal responsibility; Avoid individual contact during the proceedings, and try to leave traces or be accompanied by others in important communication.

XI. Practical Insights from a Lawyer

In the case of domestic violence, choose the path of divorce, safety and efficiency should be ranked first. Compared to divorce by agreement, divorce by litigation or court mediation is usually safer because it avoids the risk of repeated negotiations during the cooling-off period and does not have to bargain with the other party in a threatening environment. If there is a real danger at the scene, the first thing is always to leave the dangerous situation, rather than thinking about leaving evidence first. After the safety arrangements are in place, we will talk about how to turn the domestic violence into a beneficial result in the procedure. This order cannot be reversed, and we should not want to finish everything in one go.

The evidence should be fixed from the first occurrence, instead of waiting for the injury to be serious. When calling the police, try to get the receipt of the police. For medical treatment, the cause of the injury must be truthfully stated in the medical record. The injury photo and bill shall be backed up to a trusted person or stored in the cloud to avoid the original being destroyed or deleted. Many people feel that it is not worth calling the police if the injury is not serious. On the contrary, the earlier police and medical records are often important materials to prove that the violence has a certain persistence. The personal safety protection order can be applied for separately within the marriage, without waiting for the divorce to be filed, and it can be promoted simultaneously with the divorce proceedings, with no delay between protection and advocacy.

Once domestic violence is identified, the space that can be claimed will be obviously opened: the possibility of judgment of divorce will be increased, the party without fault can also claim damages, and the division of property and the upbringing of children may also be taken care. In negotiations, protection orders and alarm records are themselves pressure points, especially binding on those who care about their work and reputation, and making good use of them can push the other party back to a rational track than repeated bickering. There are two pits to avoid: don't stay in danger for evidence collection, and don't destroy existing records just because the other party verbally apologizes. The most reliable confidence is to leave a written trace of every request for help.

There is no "most decent" path for domestic violence divorce, but only the "safest" path: safety first, evidence first, and procedural support. Call the police for medical treatment to fix the evidence, apply for a protection order to cut off the risk, and sue for divorce, compensation and multiple points, the three steps are interlocked. Don't procrastinate because of "family ugliness" or "for the sake of your children"-every delay can escalate violence. The linkage mechanism of family trial and anti domestic violence in Ningbo has been quite perfect. Victims should make good use of these system resources to protect their personal safety and legitimate rights and interests at the same time.