What evidence should Ningbo provide for derailment compensation

It is not enough to claim compensation for derailment damages by saying that "there is someone outside him. What the law wants is a chain of evidence that can prove a "major mistake", not an emotional accusation. Prepare the right way, compensation is the play.

1. what circumstances support compensation

the Civil Code stipulates that if bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, and other major mistakes lead to divorce, the innocent party has the right to claim damages. Ordinary ambiguity and occasional deviance may not reach the threshold of "major fault.

Distinguish between "infidelity" and "cohabitation"

the legal evaluation is different between the occasional improper relationship and the cohabitation of "continuous and stable cohabitation. Compensation is more inclined to the latter and other serious situations; When claiming, it is necessary to know which level of evidence in your hand corresponds.

The core of 2. evidence to prove

the evidence should be organized around the "existence of major wrongdoing": either to prove the stability of bigamy/cohabitation, or to prove other major wrongdoing such as domestic violence. Fragmented, unable to form behavioral clues, with limited probative power.

Continuity of behavior is important.

Chat, common access records, photos and videos, and witness testimony that can reflect the continuous relationship are more convincing than a single ambiguous screenshot. The proof is "relationship" rather than "one event".

3. several types of common evidence

commonly used include: chat records stating improper relationships, repentance letters or letters of guarantee, common residential/hotel records, testimony of neighbors or relatives and friends, relevant photos and videos, police information or disciplinary materials. Multi-source mutual evidence is better than single evidence.

The Legitimacy Boundary of 4. Evidence

obtaining evidence shall be lawful and shall not violate privacy or coerce. Stealing photos of other people's private space and illegally tracking materials may not be accepted due to legal defects, or even counter-attack the evidence collection party.

Which methods of forensics will invalidate evidence

installing cameras in other people's houses, locating and tracking without permission, and cracking the password of the other party's account to obtain content are all methods of obtaining evidence that seriously infringe upon the legitimate rights and interests of others. The obtained evidence may be excluded, and the forensics party may also bear infringement or even criminal liability. It is relatively safe to record and video in one's own residence, shoot in public, save the information received on one's own equipment, and apply to the court for accommodation and travel records. Legally obtained evidence, even if thin, is better than excluded strong evidence.

The Connection between 5. Fault and Damages

after proving a major fault, you can claim divorce damages together, and reflect the care of the innocent party in the division of property. The integrity of the evidence directly determines whether the compensation can be landed.

6. compensation and multiple points are two things that should be mentioned together.

The threshold of compensation for divorce damages is relatively high. The legal circumstances are bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members and other major faults. If the general derailment behavior does not meet the standard of cohabitation, the success rate of claiming compensation alone is limited. In contrast, the threshold for taking care of the innocent party in the division of property is much lower. As long as the existence of fault behavior can be proved, there is room for more points.

Therefore, two requests should be made side by side in the prosecution: one request for an order to pay damages for divorce, and the other request for a small share of the wrong party in the division of the common property. Even if a claim for compensation is not supported, multiple claims may still be accepted. We should also pay attention to the time limit. If compensation is not filed at the time of divorce by agreement, another lawsuit can still be filed within one year from the date of registration, and the right will be lost if it exceeds one year.

7. case proof

in practice, if one party submits contact records, letters of repentance and clues of common residence and forms a chain of evidence of continuous improper relationship, the no-fault party's request for compensation for divorce damages is usually supported, and the amount of compensation awarded is mostly in the range of 5000 yuan to 50000 yuan. Accompanied by domestic violence, giving birth to children out of wedlock and other serious circumstances, individual cases can reach 50000-100000 yuan. Ningbo's local public cases are also confirmed: according to the report of Zhejiang legal daily 2021-10-13, the Meishan court of Beilun district court heard the case of husband bigamy and giving birth to two children with others. the court decided to compensate 150000 yuan for economic compensation and 50000 yuan for damages in accordance with article 1088 of the civil code. Ningbo intermediate people's court's second instance maintained that there was more room for compensation claims under serious circumstances such as bigamy.

In practice, if only a single ambiguous screenshot claims that the other party is cohabiting with another person, the claim for damages is not supported because it is not sufficient to prove a continuous and stable common residence relationship. However, this evidence can still be used as a fault plot, and a 5%-15% multiple margin will be sought when dividing the property.

In practice, if the no-fault party files a claim for damages in divorce proceedings, the support rate for the joint trial is about 30% higher. Those filed separately after divorce must be exercised within one year from the date of divorce, and those that are overdue are mostly rejected. The average time for such supplementary proceedings is 4 to 6 months longer than that for joint trials.

8. Risk Alert

• the threshold is not enough to treat occasional deviance as "cohabitation.
• The evidence is fragmented and does not prove an ongoing relationship.
• Illegal evidence collection was found to be defective.
• Only the charges have no behavioral clues.
• Ignore the linkage between compensation and property division.
• The claim for compensation was omitted in the divorce case and the subsequent claim was subject to a time limit.

9. FAQ

does cheating have to be compensated?

Not necessarily. Major faults such as bigamy and cohabitation need to be achieved; occasional deviant evidence is weak.

What evidence should be prepared?

Chat, repentance, common residence records, witnesses, multi-source mutual testimony that can prove continuous improper relationship.

Can candid camera be evidence?

Evidence must be lawful, and material obtained by invasion of privacy or coercion may not be accepted.

Is compensation related to the division of property?

Related. Proof of fault can be reflected in compensation and division of care.

The other party wrote a letter of guarantee to admit derailment, can you directly award compensation?

Not necessarily. A letter of guarantee can prove the fact of fault, but whether or not to achieve legal circumstances such as cohabitation depends on the specific content, usually need to be used in conjunction with other evidence.

Practical Experience of 10. Lawyers

it is not enough to claim compensation for derailment-related damages just to say that he has someone outside. What the law requires is evidence that can prove a significant fault, not an emotional charge. There is a distinction that is easy to be ignored: the legal evaluation of occasional improper relationship and continuous and stable cohabitation is not the same, and compensation is more inclined to the latter kind of more serious situation. Therefore, before taking evidence, first find out which layer the existing materials in your hand can correspond to, whether it is sporadic doubt or evidence sufficient to show stability, which will determine the subsequent strategic direction.

The organization of evidence should revolve around the existence of legal fault behavior, which can either prove the stability of the relationship or prove other major faults such as domestic violence. Available materials include traces of co-habitation, records of transfers and purchases, publicly available contacts, chat content, and other clues that can be corroded by each other. At the same time, we must pay attention to the legal boundary of evidence collection: materials obtained by invading other people's private space and illegally installing equipment are likely to be excluded, not only useless, but also causing trouble to ourselves. It is better to take less than that to ensure that every material comes from a proper way.

It should also be remembered that compensation and the care of the no-fault party in the division of property are two things. The two are based on different bases. They should be claimed and presented separately. One item cannot be expected to be resolved together. The evidence on both sides can also support each other: the material that can prove the wrong behavior can often provide the basis for the care in the division at the same time. The common response of the other party is to deny the relationship or downplay the plot. At this time, it is more powerful to ask questions with details such as time, place and financial transactions than to draw conclusions repeatedly. Don't take risks in obtaining evidence, and put the legitimacy and stability of evidence first.