How to Obtain Evidence from Domestic Violence in Ningbo? The Whole Process of Four Classes of Evidence Collection
Late-night arguments, slamming doors, and the suffocating feeling of being grabbed by the collar—after being assaulted for the first time, many domestic violence victims in Ningbo don’t think about calling the police; instead, they wonder, “Will he change?” In its early years, the Cixi City Women’s Federation disclosed to the media that approximately 90 percent of victims in domestic violence cases that entered the judicial system were women. And the law recognizes only one iron rule: domestic violence is either zero times or countless times.
Let me state the conclusion first. First, domestic violence is not defined solely by whether physical injuries or bleeding occur: Judicial Interpretation No. 17 of 2022, which came into effect on August 1, 2022, explicitly stipulates that acts such as subjecting someone to starvation or extreme cold, as well as frequent insults, threats, stalking, and harassment, also constitute domestic violence. Second, after domestic violence is identified, article 1079 of the Civil Code can be divorced, article 1091 can be claimed, article 1084 affects custody, and article 1087 divides property to take care of the innocent party. Third, transforming the consequences into reality relies on four types of evidence (detailed below). The following discussion is structured as follows: “Findings – Consequences – Evidence Collection – Protection Order – Timeline.”
1. What constitutes domestic violence: from "being beaten" to "freezing and starving, as well as frequent humiliation"
1. Legal definition
Article 2 of the Anti-Domestic Violence Law: Domestic violence refers to 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. Three elements: the main body is a family member-Article 37 includes "people living together". Article 4 of Fa Shi No. 17 [2022] clearly includes daughter-in-law, son-in-law, in-laws, in-laws and in-laws and those who have guardianship, support and foster care relationships. The way is the above-mentioned listed behavior; The object contains body and spirit.
2. Newly expanded in 2022
Fa Shi [2022] No. 17 Article 3: The physical or mental abuse carried out by means of cold hunger or frequent insults, slanders, threats, stalking, harassment, etc., should be identified as domestic violence-no food and clothing, shut out in winter, repeated abuse and intimidation all have legal status from then on. The boundary should be clarified according to the law: the articles do not separately list the words "sexual violence" and "economic control". Sexual assault is evaluated according to physical assault, and to the extent that it is investigated according to crimes such as intentional injury, forced indecent assault, rape, etc. Economic control is not a legal concept and can only be recognized if it falls into cold hunger, restricts personal freedom or is accompanied by frequent mental abuse.
3. Practical Characteristics
In practice, domestic violence often exhibits four key characteristics: it is concealed—occurring behind closed doors and difficult for outsiders to detect; it is recurrent—repeated over the long term rather than a single, isolated incident of loss of control; it employs a variety of methods, often compounded by psychological abuse; and it has severe consequences, inflicting both physical and emotional trauma. The key to determination lies in recurrence rather than the severity of a single injury.
4. The boundary with mutual assault, negligence and cold violence
Mutual fighting is not the same as domestic violence: mutual fighting involves equal confrontation, whereas domestic violence is when one party uses violence to establish dominance. Courts consider three factors: whether there is a significant imbalance of power, whether the dispute was mutual or initiated by one party alone, and whether, afterward, an unequal dynamic emerged—such as one party apologizing while the other was compelled to forgive. Negligence does not constitute domestic violence: it lacks intent or deliberate indifference and is not characterized by repetitiveness. Repeated acts of assault, regardless of severity, are considered domestic violence: each instance of minor injury, when accumulated over time, constitutes domestic violence. Cold‑war abuse is difficult to prove: it leaves no visible marks, and its frequency is hard to quantify, resulting in a low success rate when claimed on its own. However, you can preserve as supporting evidence the other party’s refusal to communicate (e.g., through chat records), proof of separation, and records from psychological counseling.
2. Once domestic violence is established, the legal consequences at the time of divorce.
Article 1,042 of the Civil Code expressly prohibits domestic violence, abuse, and abandonment. After the domestic violence was identified, the four civil consequences were opened simultaneously, and the criminal was convicted according to the circumstances.
1. Statutory grounds for divorce
Article 1079 of the Civil Code: Where domestic violence is perpetrated or family members are subjected to abuse or abandonment, and mediation has failed, a divorce shall be granted. Domestic violence is a situation of legal emotional breakdown. When the evidence is sufficient, the first prosecution can be sentenced to divorce. If the divorce is not allowed and the protection order is violated and the violence is committed again, the lawsuit can be filed again according to "new circumstances and new reasons" (Article
11of Fashi [2022] No. 17).
2. Divorce damages compensation
Article 1091: In the case of divorce due to domestic violence, the innocent party has the right to claim damages, including medical expenses, lost wages and other property losses and spiritual damages, the amount of which shall be determined by the court in combination with the consequences, duration and degree of fault. Three points regarding the procedure: In principle, claims should be brought together at the time of divorce; no separate lawsuit may be filed during the subsistence of the marriage. Claims will not be granted if the court has already ruled against granting a divorce. If the right to bring such a claim was not expressly waived in a divorce agreement, it may still be pursued separately after the divorce.
3. Adverse ruling on child custody
Article 1084: Custody shall be determined in accordance with the principle of acting in the best interests of the minor child; children under two years of age shall, as a general rule, be placed in the care of the mother; and the wishes of children aged eight or older shall be respected. Article 46 of the (I) of Interpretation of the Marriage and Family Code of the Civil Code lists "other circumstances that are not conducive to the physical and mental health of children and are not suitable for living with children" as a factor that can be given priority and direct support.
4. Property Custody and Criminal Consequences
Article 1087: Dividing property to take care of the rights and interests of children, women and the innocent party. Domestic violence is a major legal fault, and the abuser should have less points. Criminal consequences: minor injuries of grade II or above may constitute the crime of intentional injury; long-term violence may constitute the crime of abuse (in principle, only those who are told, except those who cause serious injury and death or cannot be told); restriction of personal freedom may constitute the crime of illegal detention; serious violations of the protection order shall be investigated for the crime of refusing to execute the judgment or ruling.
3. How to collect evidence of types three and four: key points and time limits
When gathering evidence, answer three questions: what happened, was it done by the other party, and has it occurred repeatedly? Based on these three points, four categories of evidence are established.
1. Alarm record and warning
Evidence of this type originates from public security organs and carries the highest probative value. Key points: call the police at the first time and clearly say "domestic violence"; Require to make a transcript of the inquiry to explain the cause, process, and injury; Ask for a receipt of the police; When the injury is obvious, ask for assistance in medical treatment and entrust injury identification on the spot (Article 15 of the Anti-Domestic Violence Law); If the circumstances are relatively minor, a warning letter may be issued (Article 16). The value of the warning is in Article 20: The court can determine the facts of domestic violence based on police records, warning letters, and injury appraisal opinions. Time limit: it is best to call the police on the spot, and it is also effective to make up the report afterwards. The warning letter will be issued and sent to both parties on the day of closing the case, and the village neighborhood committee women's federation will be notified. When police officers dismiss a case as a “domestic matter,” retain an audio recording and, afterward, cite relevant legal provisions to request corrective action; if the request is still denied, you may report the matter to the next higher-level public security authority or call the 123
89hotline.
2. Medical Records and Injury Assessment
The role of the locking mechanism in the causal relationship between injury and violence. Key points: Seek medical treatment on the day after injury and explain to the doctor that "being beaten by your spouse". The medical record indicates the way of injury before pointing to the perpetrator. Keep the original medical records and bills; Immediately upload the injury to the cloud for a fixed time after taking photos; After calling the police, please entrust the appraisal according to the "Identification Standard for Human Injury Degree". Minor injuries above Grade II are the prosecution threshold for intentional injury. Time limit: soft tissue bruises subside within a few days, and medical treatment, photographing and reporting are the most effective within 24-72 hours after the injury. The medical treatment time must match the conflict time to avoid being defended by "old injuries.
3. Audio and video recordings, as well as chat logs
The greatest concerns with electronic evidence are editing and the loss of the original storage medium. Key points: The scene allows video recording, recording the violence process and calling for help; After the event, the conversation with the other party itself was recorded to guide him to admit that "I hit you"-such recordings are easier to adopt, but do not install eavesdropping equipment or edit them. Threats in WeChat short messages, acknowledgement of violence, screenshots before retaining the original carrier, notarization if necessary; the written repentance letter written by the other party is a high-quality documentary evidence (explicitly listed in Article 6). Be sure to write your signature and date, and the chat record will be exported as soon as possible.
4. Witness testimony and records of requests for assistance
witnesses: neighbors who heard fighting and crying, village residents or property personnel who have mediated, colleagues and friends who have seen scars and informed relatives; the testimony of interested parties is discounted but still a clue; the testimony of minor children can be used if their age and intelligence are suitable (Article 6, Item 9)-in Fenghua case, the son's testimony is mutual evidence with the police and medical records. More reliable is the record of seeking help: Records of complaints or requests for assistance submitted to the Women’s Federation, village/community committees, employers, or subdistrict offices also constitute evidence under Article 6, Item 8. When seeking help, be sure to obtain a receipt or registration confirmation. Limitation: Testimony can be fixed as soon as possible while memory is clear. Key witnesses can ask the police to take notes and apply for court appearance in litigation.
matching: torn clothes, broken furniture and blood-stained tools belong to material evidence. keep the original and do not clean it, and ask the police to extract it if necessary; only if the single type of evidence is weak, the four types of combination of mutual evidence are powerful; when the other side defends with "fighting each other" and "self-injury", it refutes with "who does it first, strength comparison and apology afterwards. From the first instance of violence onward, cases shall be filed and numbered chronologically; at the time of prosecution, a table of contents and photocopies shall be included.
4. Personal Safety Protection Order: Can be applied for even without divorce.
1. Who is eligible to apply?
Article 23 of the Anti-domestic Violence Law: People who suffer from domestic violence or face real danger can apply to the court for a protection order; for those who have no or limited capacity for civil conduct and are unable to apply by coercion, close relatives, public security officers and women's federations can apply on their behalf. Article 2 of Law Interpretation [2022] No. 17 extends to the situation of old age, disability and serious illness. Key point: The first provision explicitly states that applying for a protection order is not contingent upon filing a divorce or other civil lawsuit. Jurisdiction: 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.
2. Conditions and Standards of Proof
Three conditions: there is a clear respondent, a specific request, and a situation of suffering from domestic violence or facing real danger (Article 27). Materials: application, identification, four types of evidence copy. Standard of proof: “a substantial likelihood” is sufficient under Article 6, which represents a lower threshold than the standard of proof in ordinary civil litigation and does not require conclusive evidence; the respondent’s assertion that the applicant was at fault does not preclude the issuance of the order (Article 8).
3. Timeframe and Measures
A decision shall be made or the application shall be rejected within 72 hours of receipt; in urgent cases, within 24 hours (Article 28). Measures: Prohibit domestic violence; Prohibit harassment, tracking, contact with the applicant and close relatives; Order to move out of the residence; Prohibit phone calls, text messages, instant messaging, e-mail insult and defamation threats; Prohibit activities in a certain range of surroundings such as residence and work unit (Article 29, Supplementary to Article 10 of Fa Shi [2022] No. 17). The validity period shall not exceed six months, and applications for revocation, amendment, or extension may be submitted (Article 30).
4. Enforcement and Consequences of Violations
The protection order has been served on both parties and forwarded to the public security authorities, the village/community committee, and the Women’s Federation for assistance in its enforcement. Violation: admonition, a fine of less than 1,000 yuan, detention for less than 15 days, which constitutes a crime, shall be investigated for criminal responsibility (Article 34); Article 12 of the Law Interpretation No. 17 [2022] clearly defines that it can be convicted and punished according to refusal to execute the judgment or conviction. Reminder: A protection order does not constitute a final determination of domestic violence; divorce proceedings will still involve a comprehensive review, but it serves as both a personal safeguard and important evidence. If the application is rejected, you may submit additional evidence and reapply.
5. Timeline of actions after discovering domestic violence
- On the same day: safety first, can withdraw first, mobile phone recording before withdrawal; dial 110 to complete the "four essentials"-receipt of receiving the police, asking for the record, assisting in medical treatment and entrusting identification, issuing a warning letter according to the circumstances; go to see a doctor on the same day and tell the doctor that he was "beaten by his spouse"; take photos of the injuries and send them to relatives and friends.
- Within 72 hours: dial the 12338 or go to the community and street women's federation to complain and ask for the acceptance record; if they are still facing real danger, apply to the grass-roots court of their place of residence for protection order, and they can be expected to make a ruling within 24 hours urgently; the 110 or women's federation will refer them to the shelter for temporary resettlement.
- Within one week: Retrieve the police dispatch records, warning letter, medical records, and forensic assessment report, and compile an evidence inventory in chronological order; call 12348 or consult a legal aid agency to discuss litigation strategies; if you have decided to divorce, include claims for divorce judgment, compensation, direct custody, and favorable property division when filing the lawsuit.
- Long term: Retain the original document; if the other party commits further violence or violates the protection order, immediately report it to the police and record the prior incidents in the official minutes to ensure there is a documented basis for imposing a harsher penalty.
6. FAQ
The police officer said it was a “domestic matter” and refused to handle it—what should I do?
Article 15 of the Anti-Domestic Violence Law specifies that the public security should promptly send police, stop, collect evidence and assist in medical identification when receiving reports of domestic violence. If the police deal with it passively, they will first require the issuance of a receipt of receiving the police and make a record, and then ask for correction afterwards. Still rejected to reflect to the public security organ or 12389 at the next higher level. In Ningbo, articles 19 and 20 of the regulations of Ningbo City on the Prevention and suppression of domestic violence can be invoked: a warning should be issued in five situations -- refusing to accept criticism and education, having been criticized and educated because of domestic violence, asking for and not understanding by the victim, and committing violence to minors and other vulnerable members. Women's Federation complaints, protection orders, divorce proceedings can be initiated simultaneously.
Only minor injuries, can you hold the other party accountable?
Yes. Domestic violence is not determined solely by the severity of injuries; multiple instances of minor injuries, when accumulated, also constitute domestic violence and are sufficient grounds for a divorce decree and compensation claims. For a single instance of minor injury, the perpetrator may be subject to detention or a fine under the Public Security Administration Punishments Law. "If the injury is not serious, you will not call the police" is a misunderstanding: the alarm record at the stage of minor injury is just a puzzle for identifying repeated violence in the future.
Does emotional abuse and economic control count as domestic violence?
According to the law, the second article of the Anti-Domestic Violence Law lists beating, binding, mutilating, restricting personal freedom and frequent abuse and intimidation, and the third article of Fa Shi [2022] No. 17 adds cold hunger and frequent insults, stalking, harassment, etc. "Cold violence" and "economic control" are all illegal concepts: cold hunger has entered violence, which is the most likely form of economic control behavior to be identified.
Do I have to get a divorce first to apply for a protection order? What should I do if my application is rejected?
No.Article 1 of Law Interpretation [2022] No. 17 expressly stipulates that the application for a protection order is not conditional on the filing of civil proceedings such as divorce, and that the application can be made independently within marriage without waiting for the result of the alarm. If there is no appeal procedure for those who have been rejected, they can apply again with new evidence. At the same time, they can go through the channels of public security warning, women's federation mediation and divorce proceedings. Even if there is no protection order in divorce proceedings, four types of evidence can be used to directly claim the fact of domestic violence.
Practical Experience of 7. Lawyers
domestic violence cases, the two mistakes that the parties are most likely to make are "forbearance" and "waiting"-to endure not reporting the case and wait until the injury is serious enough to deal with it. As a result, the most critical record of the first violence is always missing, and the most basic piece of puzzle is missing if you want to identify "repeated violence" later. The correct way is to treat it as an event that needs to be left a mark from the first time: when calling the police, three things are put forward to the police on the spot-issuing a receipt of receiving the police, assisting you in seeking medical treatment and entrusting injury identification, and issuing a warning letter to those who meet the situation; On the same day, I went to a regular hospital for treatment. The medical record truthfully stated "beaten by my spouse". The bill and injury photos were uploaded to the police, avoid loss or deletion of originals. The alarm is not based on the severity of the injury. The police record at the minor injury stage is precisely the strong evidence to prove the "frequent" violence in the future. Don't give up this step just because the injury is not serious.
Beyond serving as evidence, domestic violence is itself a significant bargaining chip in divorce negotiations, rather than merely a moral issue. It directly affects three outcomes: whether a divorce can be granted on the first attempt, whether one party can claim damages for marital fault, and which parent is more likely to be awarded custody. In practice, many perpetrators soften their attitudes in the face of protection orders and police records, as violations of protection orders can lead to detention, which is particularly binding on people who care about their work or reputation. Therefore, the "protection order divorce lawsuit" can be promoted simultaneously: you can apply for a protection order independently within marriage without waiting for the divorce to be filed; In the lawsuit, four types of evidence are submitted together, claiming that the divorce, compensation, maintenance and property are awarded, instead of just focusing on "inseparable".
It should be noted that safety always takes precedence over evidence. If there is an immediate danger at the scene, evacuate first and then seek help—do not stay in harm’s way just to record the assault. Nor do you accept the other party's proposal to "apologize in private and not call the police" and destroy the records you have obtained-such verbal settlements are extremely unstable and will cut off all subsequent legal remedies. In case the police push off with "household chores", they insist on issuing a receipt of receiving the police and making a record. If necessary, they will invoke the local anti-domestic violence legislation to report to the public security organ at the next higher level or the rights protection hotline. Keeping a written record of every request for help is your most reliable source of confidence down the road.
The determination of domestic violence is both a technical issue and a matter of value judgment. The law sends out a single message: domestic violence is not a private matter. For the parties concerned, the core suggestion is one sentence-establish evidence files from the first violence, call the police, seek medical treatment, leave traces, and ask for help at the same time, and safety will always take precedence over evidence.
There are only two kinds of domestic violence: zero times and countless times. When you are beaten for the first time, what you have to do is not to find a reason for the other party to "change", but to save the alarm receipt, medical record and recording for your future self. If you’re unsure, dial 12338 or 12348—taking this step is far more helpful than enduring it in silence.