Insights

Domestic violence in Ningbo is not only a reason for divorce, but also what crime it may constitute.

Ningbo Author：LuXu WANG

Many people treat domestic violence as a “family matter,” believing that if it escalates to court, the most that will happen is a larger share of the marital assets or a claim for compensation during divorce proceedings. This impression is only half correct. Once domestic violence reaches the threshold defined by criminal law, it ceases to be a civil dispute and becomes a criminal case: the perpetrator may be sentenced to imprisonment, will have a criminal record, and could even face several years or even over a decade in prison. This article clearly explains what crimes domestic violence may constitute, how such cases are determined, and how evidence should be collected and legal proceedings initiated, serving as a reference for public legal education and rights protection.

What crimes may be committed in 1. domestic violence

Domestic violence, in and of itself, is not a standalone criminal offense. Article 33 of the Anti-Domestic Violence Law stipulates: “If a perpetrator commits domestic violence that constitutes a violation of public order, they shall be subject to administrative punishment in accordance with the law; if their actions constitute a crime, they shall be prosecuted for criminal liability in accordance with the law.” In other words, the law does not establish a separate “crime of domestic violence”; rather, depending on the specific nature, methods, and consequences of the abusive conduct, it applies different criminal offenses under the Criminal Law. In cases of domestic violence, the following charges are commonly seen.

1. The crime of intentional injury (Article 234 of the Criminal Law)

An assault resulting in injuries classified as minor injury or more severe is generally prosecuted as intentional injury. Article 234 of the Criminal Law stipulates that anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if he causes serious injury, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if he causes death or is seriously injured by special cruel means, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. The corresponding conduct involves acts of violence such as punching, kicking, or assaulting with a weapon, resulting in minor or serious injury in a single incident or in several separate incidents.

2. Crime of Maltreatment (Article 260 of the Criminal Law)

long-term, repeated torture and torture of family members, the circumstances are bad, constitute the crime of abuse. Article 260 of the Criminal Law stipulates that anyone who maltreats a family member shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if the victim is seriously injured or died, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. The corresponding behaviors include sustained physical assault, exposure to extreme cold or hunger, forced overwork, deprivation of personal freedom, intimidation, and verbal abuse—none of which may cause obvious injuries in a single instance, but accumulate over time and recur repeatedly.

3. The crime of abandonment (Article 261 of the Criminal Law)

For the old, young, sick or other family members who have no ability to live independently, who have the obligation to support and refuse to support, if the circumstances are bad, it constitutes the crime of abandonment and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Corresponding behaviors include prolonged neglect, failure to provide for one’s livelihood, driving or coercing someone to leave home, and abandoning individuals who are seriously ill or unable to care for themselves.

4. Crime of Illegal Imprisonment (Article 238 of the Criminal Law)

Depriving family members of their personal freedom through methods such as detention, binding, or confinement may constitute the crime of unlawful deprivation of liberty. Article 238 of the Criminal Law stipulates that anyone who unlawfully detains another person or otherwise unlawfully deprives another person of their personal freedom shall be sentenced to imprisonment of no more than three years, criminal detention, control, or deprivation of political rights; if the offense involves assault or humiliation, a heavier penalty shall be imposed. The corresponding behaviors include locking a spouse or child inside the home, forcibly restricting their ability to go out, and controlling their communication with others.

5. Crime of Illegal Intrusion into a Residence (Article 245 of the Criminal Law)

Domestic violence sometimes involves one party being forced out of the home, or, after separation or divorce, the other party forcibly breaking into the residence and continuing to harass them. Article 245 of the Criminal Law provides that anyone who unlawfully searches another person’s body or residence, or unlawfully enters another person’s residence, shall be sentenced to imprisonment of no more than three years or to criminal detention. The corresponding conduct involves forcibly entering a residence without the resident’s consent, or refusing to leave upon being requested to do so, thereby disrupting the normal life and peaceful living environment of others.

6. Crime of insulting (Article 246 of the Criminal Law)

Whoever publicly insults another person by means of violence or other methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control, or deprivation of political rights. The corresponding conduct involves publicly verbally abusing and humiliating a family member in a derogatory manner, with the humiliation being made known to others, and the circumstances are serious. It should be noted that, in principle, the crime of insult is a “complaint-based” offense.

It should also be emphasized that the same act may commit multiple crimes at the same time. According to the Opinions on Handling Cases of Domestic Violence Crimes in accordance with the Law, if the same act commits multiple crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment; and in the process of long-term abuse, it has committed violence that caused minor injuries or more. Acts may also be punished with the crime of intentional injury and the crime of abuse.

2. The difference between the crime of intentional injury and the crime of abuse

These two charges are most frequently compared in domestic violence cases and are also pivotal when determining a conviction. The difference can be seen from three levels.

  • One-time behavior and long-term behavior. The crime of intentional injury targets a specific act or acts of violence that typically result in harm occurring at once and directly; the crime of abuse, on the other hand, involves prolonged and repeated torment, with the harmful effects manifesting in their continuity and recurrence.
  • The sources of the consequences differ. The crime of intentional injury focuses on the harm resulting from a single act, specifically whether it constitutes minor or serious injury. In contrast, the crime of abuse emphasizes the cumulative effects of prolonged torment; even if each instance of injury is not severe, the long-term accumulation may ultimately reach the threshold for criminal liability.
  • The subjective intent differs. Intentional injury requires that the perpetrator harbor either intent to cause or a reckless disregard for the injury; by contrast, abuse is more characterized by the pursuit of physical and psychological suffering inflicted upon the victim. If the perpetrator uses a dangerous weapon, employs brutal means, and directly or immediately causes grievous bodily harm or death, the offense is typically classified as intentional injury, or even intentional homicide.

Regarding the determination of "abominable circumstances" in the crime of abuse, the Opinions on Handling Cases of Domestic Violence Crimes in Accordance with the Law lists several situations: the abuse lasts for a long time and has many times; the abuse means are cruel; the abuse causes minor injuries or serious diseases to the victim; the abuse causes relatively serious maltreatment to minors, the elderly, the disabled, pregnant women, lactating women and seriously ill patients. In other words, “not causing minor injury” does not mean that the act does not constitute the crime of abuse; prolonged and repeated psychological torment, as well as deliberate deprivation of food and warmth and public humiliation, may likewise amount to “particularly egregious circumstances.”

Guiding Case No. 226 of the Supreme People's Court further clarifies: in the process of regular abuse, if the perpetrator inflicts serious violence on the victim and subjectively hopes or indulgently or objectively causes the victim more than minor injuries, it shall be deemed as the crime of intentional injury; if other abuses still meet the constitutive requirements of the crime of abuse after independent evaluation of the injury, it shall be punished concurrently with the crime of intentional injury and abuse.

3. Injury assessment is crucial.

In cases of intentional injury, the conclusion of the injury assessment often directly determines the outcome of the case. Currently in effect is the “Standards for Assessing the Degree of Bodily Injury,” which was issued in 2013 and came into force on January 1, 2014. It classifies injuries into three categories: grievous injury, minor injury, and slight injury.

  • Severely injured. Injuries that cause limb disability, disfigurement, loss of hearing, loss of vision, loss of function of other organs, or other significant harm to physical health include Grade I severe injury and Grade II severe injury.
  • Minor injury. Injuries that cause impairment of the limbs or facial appearance, partial dysfunction of the auditory, visual, or other organs, or other moderate harm to physical health, including Grade I minor injury and Grade II minor injury.
  • Minor injuries. Primary injuries caused by various injurious factors result in minor structural damage to tissues and organs or mild functional impairment.

The consequences of these levels vary greatly. Those who achieve minor injuries may generally constitute the crime of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; those who achieve serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; those who cause serious injuries by particularly cruel means and cause serious disability shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. For cases resulting only in minor injuries that have not yet met the threshold for criminal prosecution, administrative penalties under public security regulations are typically applied.

How to go about the appraisal: generally, the public security organ will issue a power of attorney for forensic injury appraisal after accepting the case, and the party concerned will go to the entrusted appraisal institution for appraisal with the power of attorney. If the primary injury is the main identification basis, it can be identified after the injury; if the appearance damage or organ dysfunction is the main identification basis, it is usually identified 90 days after the injury. During the treatment period, the parties involved should be sure to retain their medical records, diagnostic certificates, payment receipts, and photographs of their injuries. If there is an objection to the expert opinion, one may apply for a review or a re-examination.

4. told before handling and private prosecution

The crimes of abuse and insult are, in principle, offenses that are prosecuted only upon complaint. The third paragraph of Article 260 of the Criminal Law stipulates that the first paragraph of the crime of abuse "shall be dealt with only if told, except if the victim is unable to tell, or cannot tell because of coercion or intimidation".

What does this mean? In cases of abuse, the victim typically must file a private prosecution with the court; public security organs generally do not initiate a case on their own. However, the law leaves an exit: if the victim is unable to tell because of coercion or intimidation, the people's Procuratorate can initiate a public prosecution; if the victim is unable to tell, his legal representative and close relatives can tell on his behalf. The crime of insult is also subject to the rule that prosecution is initiated only upon complaint, except in cases where it seriously endangers social order or national interests.

It should be noted that the crimes of intentional injury, illegal detention and abandonment do not belong to the scope of "telling before handling". If the standard of filing a case is reached, the public security organ shall file a case for investigation and the procuratorial organ shall review and prosecute, which does not depend on whether the victim is willing to "tell". Furthermore, with respect to minor domestic violence criminal cases for which the victim has evidence, the law respects the victim’s right to choose between public prosecution and private prosecution.

There are administrative responsibilities in 5. to criminal

Not all domestic violence constitutes a crime. Even if the threshold for criminal prosecution is not met, administrative liability may still apply. The Public Security Administration Punishment Law stipulates that anyone who beats another person or intentionally hurts another person's body shall be detained for not less than five days but not more than ten days, and a fine of not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than five days or not more than 500 yuan. fine. The punishment is even heavier in cases of gang beating, beating pregnant women or people under the age of 14, beating and injuring others for many times, and the amount of fines has been adjusted accordingly in the Public Security Administration punishment Law revised in 2025. Article 33 of the Anti-Domestic Violence Law also clearly stipulates: Where an act constitutes a violation of public order and security, administrative penalties shall be imposed in accordance with the law.

There is also a frequently overlooked step: the “warning letter.” Article 16 of the Anti-Domestic Violence Law stipulates that where the circumstances of domestic violence are relatively minor and no administrative punishment is imposed in accordance with the law, the public security organ may issue a warning or a written admonishment to the perpetrator. The warning book contains the identity information of the perpetrator, the factual statement of domestic violence, and the prohibition of domestic violence by the perpetrator. Although it does not directly deprive a person of their liberty, it serves as strong evidence in subsequent applications for a personal protection order, divorce proceedings, and efforts to hold someone accountable. In addition, if the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, the people's court may admonish it and impose a fine of not more than 1,000 yuan and detention for not more than 15 days according to the seriousness of the circumstances.

The convergence of 6. criminal and civil compensation

In cases where domestic violence causes harm, the perpetrator, in addition to bearing criminal or administrative liability, shall also be liable for civil damages. The victim primarily has two avenues for seeking compensation.

  • Criminal action with a civil claim. In cases where the perpetrator is held criminally liable, the victim may concurrently bring a civil action incidental to the criminal proceedings, seeking compensation for material losses directly incurred as a result of the criminal act, including medical expenses, forensic examination fees, appraisal fees, and transportation costs.
  • File a separate civil lawsuit. In civil lawsuits incidental to criminal proceedings, claims for compensation for disability, death compensation, and compensation for mental distress are generally not accepted. If the victim claims these items, he needs to file a separate civil lawsuit. The no-fault party in a divorce case may also claim compensation for divorce damages in accordance with Article 1091 of the Civil Code.

It is important to note the limitations on claims for compensation for mental distress: in criminal cases with accompanying civil claims, such claims are generally not allowed; they must be brought in a separate civil action or as part of a divorce-related claim for damages. If one party's domestic violence causes personal injury to the other party during the marriage relationship, the victim can first claim for part of the personal injury, and then claim compensation for divorce damages in the event of divorce. What needs to be reminded is that the right has a time limit, and it is advisable to claim compensation as soon as possible.

How to prove and start the 7.

Domestic violence mostly occurs in private space, and the difficulty of obtaining evidence is the biggest practical problem. The effective approach is to fix the evidence as early as possible and in a timely manner.

  • Call the police in time. Retain the alarm acknowledgment, records of receiving and responding to the call, and interrogation transcripts prepared by the public security authorities; where necessary, apply for the issuance of a domestic violence warning letter.
  • Seek medical attention for injury assessment. Seek medical attention at the hospital as soon as possible, retain your medical records, diagnostic certificates, and payment receipts, and apply for an injury assessment.
  • Save image. Take photos and videos of the injured areas, preserve audio and video recordings of the scene of the assault, and ensure that the time and surrounding environment are clearly captured.
  • Witness testimony. Testimony from neighbors, relatives and friends, capable adult children, and community workers can all be used as evidence.
  • Recording a request for help. Registration materials for seeking assistance from the Women’s Federation, residents’ committees (village committees), employers, or social work agencies, as well as medical records documenting psychological issues arising from domestic violence, may also be used as evidence.
  • Written materials. The perpetrator’s letter of repentance, apology letters, and threatening or intimidating content from WeChat and other chat records, etc.

The existence of domestic violence may be established based on evidence such as police dispatch records, warning letters, and forensic injury assessment reports.In case of injury or threat, you can call 110 to report to the police, report to the public security organ and the people's Procuratorate, or seek help from the women's Federation and other organizations.

8. common mistakes

Misunderstanding 1: "Family ugliness should not be publicized." Domestic violence is not a private matter, but an illegal act. Blindly forbear, in exchange for the escalation of violence, rather than stop.

Misunderstanding 2: "If you don't get a minor injury, you'll be fine." To constitute the crime of abuse, it is not required to identify minor injuries every time. Long-term, repeated beatings, starvation, and humiliation may lead to punishment if "the circumstances are bad.

Misunderstanding 3: "Just bear with it." Violence is often repetitive. Timely alarm, medical treatment, retain evidence, take the initiative to seek help, is an effective way to protect themselves.

Myth 4: "For the sake of children, we can't leave." Carrying out violence in front of children is itself a harm to children, and minors who witness domestic violence may also become victims of domestic violence.

9. Frequently Asked Questions

Q: Is it useful to only call the police and not pursue them?

It's useful. The alarm record and the alarm record itself are important evidence to determine the facts of domestic violence. Even if no further treatment was made at that time, they can be used in the future when applying for a personal safety protection order, divorce or accountability.

Question: Can domestic violence still be recognized without an injury assessment?

Sure. The determination of the facts of domestic violence does not rely on a single piece of evidence. Alarm records, warning letters, chat records, witness testimony, etc. can also be confirmed.

Question: Must the victim personally file a complaint in cases of abuse?

Not necessarily. In principle, the crime of abuse is "dealt with only when told", but if the victim is unable to tell because of coercion or intimidation, the People's Procuratorate may initiate a public prosecution; if the victim is unable to tell, the legal representative and close relatives can tell on their behalf.

Question: If the perpetrator has been sentenced, can I still seek compensation?

Sure. In criminal cases, incidental civil lawsuits can be filed to claim direct material losses such as medical expenses; items such as disability compensation and mental damage compensation usually need to be claimed through separate civil lawsuits.

Question: I’m already divorced—can I still hold my ex-spouse accountable for domestic violence that occurred during the marriage?

It depends on the specific circumstances. If domestic violence constitutes a crime, the time limit for prosecution shall be calculated in accordance with the law; for damage caused by domestic violence, compensation can also be claimed within the statutory time limit, and the key is still whether the evidence is sufficient.

Question: Does the Anti-Domestic Violence Law apply to cohabiting relationships?

Applicable. Article 37 of the Anti-Domestic Violence Law stipulates that violence committed between people living together other than family members shall be implemented with reference to the provisions of this law. This provision also provides a legal basis for victims of domestic violence in cohabiting relationships to seek protection.

10. Practical Insights from a Lawyer

To bring a case of domestic violence into the criminal justice system, the first step is often not to go to court, but to have the injuries documented and secured as evidence. On the same day after being beaten, you should call the police and insist on seeking medical treatment, explain the cause of the injury to the doctor truthfully, and apply for injury identification at the same time. The appraisal conclusion is the key watershed between public security punishment and criminal investigation, and only when the corresponding degree is reached can it be treated as intentional injury. Many people suffer because they wait several days before going to the hospital, by which time their injuries have already changed, making it difficult to establish a clear causal link—and they end up delaying the submission of the most crucial piece of evidence themselves.

In addition to the single violence that caused obvious consequences, long-term repeated beatings, cold starvation, intimidation, and restriction of personal freedom, even if each injury is not serious, it may accumulate into the evaluation scope of abuse; being locked up, being driven out of the house, being forcibly broken into the house, etc., each corresponds to a different direction of crime. Therefore, at ordinary times, the time, method and consequences of each violence should be kept in a diary, and continuous records should be formed in cooperation with the receipt of the police, medical records and warning letters. "Frequent" and "bad circumstances" are piled up on the time line, and scattered records cannot explain the problem.

The method of initiation should also be differentiated based on the specific charge. In some cases, the victim himself needs to file a private prosecution with the court, and the public security and procuratorial organs will not take the initiative to intervene; in others, the public security will file a case for investigation and the procuratorate will initiate a public prosecution. You can promote progress by reporting the case and submitting materials. When the public security department refuses to accept the case on the grounds of "household chores", it shall be required to issue a written receipt and explain the reasons, and if necessary, report it to the organ at the next higher level or the women's Federation and the rights protection hotline. Integrate criminal accountability with divorce proceedings, claims for damages, and custody disputes into a unified framework, allowing a single chain of evidence to support multiple claims simultaneously.

Domestic violence is not a “family matter,” and its consequences do not end with a settlement payment during divorce proceedings. If the acts of violence reach the threshold prescribed by criminal law, the perpetrator will be imprisoned, will have a criminal record, and will pay the price in terms of their freedom for their prolonged abusive behavior. In case of domestic violence, the most important thing is not to be silent: report to the police in time, seek medical treatment for injuries, fix evidence, apply for personal safety protection order, and investigate criminal, administrative and civil responsibilities when necessary. Yielding and forbearance will not bring peace; the law is the only true weapon victims can rely on.