Insights

Ningbo domestic violence divorce how to collect evidence? Eight categories of list

Ningbo Author：LuXu WANG

What makes the parties fall into passivity is often not that they have not been infringed, but that they have not left anything that can be brought to court when things happen. The wound will heal, the mood will calm, but the record that can be verified can only be formed at that time. What this list wants to solve is to turn easily overlooked traces into materials that can be used in the future.

Legal Scope and Common Misunderstandings of Domestic Violence in 1.

The Anti-Domestic Violence Law defines domestic violence as physical and mental violations committed by family members by beating, binding, mutilating, restricting personal freedom, and frequent verbal abuse and intimidation. The scope is not limited to hands-on, or between couples.

The three most common misconceptions

first, it is thought that only blood can be counted. In fact, long-term abuse, threats, tracking and economic control may all constitute spiritual infringement. Second, the law does not set a threshold for the number of times, and serious single acts can also be identified. Third, it is thought that medical records, video data and witness testimony are also probative.

The acquisition methods and fixed points of the eight types of evidence in the 2..

The value of evidence is not in quantity, but in whether it can be mutually corroborated. The formation of more than two independent sources of material around the same event is much better than a single type of pile.

First four categories: official and professional records

the first is the alarm receipt, the police record and the inquiry record. After the incident, the police should immediately report to the police and obtain the receipt; the second is the warning letter issued by the public security organ, which is one of the most powerful materials for identifying domestic violence; the third is the medical record, diagnosis certificate and The injury appraisal opinion should truthfully explain the cause of the injury to the doctor and require it to be recorded in the medical record; the fourth is the records of complaints, reports and requests for help from women's federations, residents' committees, villagers' committees or units.

2. The latter four categories: self-fixing materials

fifth, photos and videos of injuries, which should contain facial or identifiable features and show the date; Sixth, the written guarantee of the perpetrator, the chat record of the letter of apology and the admission of violence, and the recording of the total conversation. Seven is witness testimony, statements of neighbors, relatives and friends, property and witnesses, and apply to testify in court when necessary. Eight is asylum records and psychological counseling records. Electronic materials should be preserved at the same time the original carrier and notarized fixed.

How to apply for a 3. personal safety protection order.

The protection order is an independent procedure. It is not based on the premise of filing a divorce lawsuit, nor is it required to file a case before applying. It can be filed in case of violence or real danger.

Application path and review time limit

submit a written application to the basic court of the place of residence of the applicant or the respondent or the place where the domestic violence occurred. If you have difficulty writing, you can apply orally. The people's courts of all districts, counties, and cities in Ningbo can accept it and submit it nearby. The court shall make a decision within 72 hours of acceptance, or within 24 hours in case of emergency. The validity period shall not exceed six months, and an extension may be applied for before the expiration. The content usually includes the prohibition of domestic violence, the prohibition of harassment, tracking and contact, and the order to move out of the residence. Violations can be fined or detained.

The Standard of 4. Proof and the Distribution of the Burden of Proof

many people worry about not having direct evidence. In fact, the standard of proof in such cases is different from that in general civil cases.

It is more likely to be identified.

The standard of proof for applying for a personal safety protection order is more likely, which is lower than the high probability of ordinary civil cases, as long as the existing evidence can convince the judge that there is domestic violence or face real danger. When claiming damages in divorce proceedings, the standard is relatively higher, but it can still be corroborated by multiple circumstantial evidence. In addition, the offender's admission of the relevant facts, the letter of warning and the ruling of the protection order can be directly used as the basis for the determination.

The Influence of 5. on Judgment, Maintenance and Compensation

evidence goes beyond proving what happened; it also affects the three most important decisions in the case.

Three Consequences Unfold Simultaneously

in terms of whether to grant divorce, domestic violence is a legal situation. If the evidence is sufficient and mediation is invalid, the first prosecution can be sentenced to divorce; in terms of child support, the direct support of the violent party is not conducive to the physical and mental health of the minor, and the ownership of custody will obviously be tilted to the other party. Visiting methods may also be restricted; in terms of damages, the innocent party may request compensation for mental damage and may claim a moderate preference in the division of property.

6. case proof

in practice, in cases where the public security organ's warning letter is accompanied by medical records and injury photos to confirm each other, the court usually directly determines that it constitutes domestic violence, and the first prosecution is to grant divorce, and at the same time, it supports the no-fault party's request for compensation for mental damage. The amount of comfort money is mostly in the range of 10,000 yuan to 80,000 yuan, and the circumstances are serious and cause serious injuries can be higher. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

In practice, if there is only one party's statement and scattered chat screenshots, and there is no evidence of alarm and medical records, it is often difficult for the court to determine that domestic violence is established, but it may make a judgment to grant divorce in combination with the facts of fierce contradictions between the two parties. In similar cases, the ownership of child custody is highly related to whether domestic violence is recognized. If it is established, the proportion of direct custody to the injured party has increased significantly. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

7. Risk Alert

  • only afterwards did I think of obtaining evidence: the injury will subside, the police and medical records can only be formed at that time, and the delay cannot be made up.
  • The reason for concealment when seeing a doctor: the medical record is written as an accidental fall, which is difficult to use as evidence of domestic violence in the future.
  • Only screenshots are saved without the original carrier: if the original equipment and complete dialogue cannot be provided, the authenticity is easily questioned.
  • Destroy the guarantee as a settlement: written acknowledgement is the key evidence and the original should be kept for backup.
  • Mistake that a lawsuit must be filed before a protective order can be filed: a protective order is an independent procedure that does not presuppose the filing of a lawsuit.
  • The way of obtaining evidence is out of bounds: materials obtained by installing equipment privately in other people's residences may be excluded due to legal defects.

8. FAQ

is it domestic violence if there is only abuse and threats and no action?

may constitute. Regular abuse, intimidation and other mental violations belong to the legal scope, and the key lies in whether it can prove its regular and impact on personal safety and mental state.

Without calling the police, can we still claim domestic violence?

You can. The alarm record is only one of the types of evidence. Medical records, photos of injuries, warning letters, testimony of witnesses and chat records of the other party's admission of violence are also of proof, and multiple materials can be mutually confirmed.

How long does it take to apply for a Personal Protection Order?

The court shall make a decision within 72 hours of acceptance, or within 24 hours in case of emergency. The period of validity shall not exceed six months, and may apply for revocation, modification or extension before expiration.

After determining domestic violence, must the child be sentenced to the injured party?

Not absolutely, but the impact is huge. The direct upbringing of the violent party is usually considered to be detrimental to the physical and mental health of minors, and the custody rights are obviously tilted to the other party, and it will also affect the time and method of visiting.

Practical Experience of 9. Lawyers

in domestic violence cases, what makes the parties passive is often not that they have not been harmed, but that they have not left anything that can be verified at the time of the incident. Therefore, from the first infringement, it is necessary to treat it as an event that needs to be marked. When calling the police, don't just ask for "calm down", but ask for a receipt of receiving the police on the spot, assist in medical treatment and apply for injury identification according to the situation. When seeing a doctor, truthfully explain the cause of the injury to the doctor and record it in the medical record. Bills and photos of the injury are backed up to the cloud or trusted relatives and friends to prevent the original from being deleted and destroyed.

The key to obtaining evidence is not in quantity, but in whether it can be mutually verified. Around the same incident, try to form more than two independent sources of evidence: the official side of the alarm receipt, police records, warning letters, complaints and help records, self-injury photos and videos, the other side of the written repentance or threat information, eyewitness testimony. A single piece of material can easily be taken over by the other party's words "don't know" and "don't know". Several copies can bite each other to prove that strength is stable. At the same time, personal safety protection orders can be applied for independently and can be filed within marriage without waiting for divorce to be filed.

The card of domestic violence should be played where it should be played-it is directly related to whether it can be sentenced to leave at one time, whether it can claim damages, and who is more likely to be awarded custody. Therefore, don't just focus on "not leaving" and put these claims on the table together. The other party tends to soften in the face of protection orders and alarm records, which is the time to talk about conditions. However, safety always comes first at any time: evacuate the scene before asking for help, and don't leave yourself in danger to take evidence. Don't destroy the records you have obtained just because the other party apologized in private. Such "reconciliation" is the most unstable and will cut off all subsequent relief.