Top 10 Cases 丨 Domestic Violence Becomes a Nightmare Default Judgment Promotes New Life

1. Basic facts of the case

Domestic violence sues divorce court default judgment

After Li (male) and Hu xx (female) flash marriage, often beat Hu xxx after drinking, and each time they obtained Hu xx's forgiveness by threatening and apologizing, but the scolding behavior continued to escalate, and even cheated on other members of the opposite sex. With the support of his family, Mr. Hu filed a lawsuit with the people's court, applied for a personal safety protection order, and requested a divorce. After Li learned about it, he sent nearly 100 threatening WeChat messages to Hu Moumou, and Hu Moumou had no choice but to seek help from the Women's Federation.

The hotline lawyer appointed by the Women's Federation found that Hu was in a state of extreme fear because of Li's tailing, and the lawyer immediately assisted Hu in submitting an application for a personal safety protection order to the court, as well as evidence such as threatening text messages, WeChat and trailing photos. After the court issued a habeas corpus order after review, the lawyer actively applied for the joint police station of the undertaker to serve the habeas corpus order on Li in person, and the judge clearly informed him of the consequences of violating the personal safety protection order, so that Li completely stopped the harassment, and Hu was protected and psychologically comforted.

In the subsequent divorce proceedings, Li refused to attend the trial in court, and the trial of the case reached an impasse, and Hu's claim was most likely rejected. In order to allow the judge to have a more comprehensive understanding of the case, the lawyer instructed Mr. Hu to write a three-thousand-word statement of his own experience to the court, and at the same time collected a number of cases of the defendants in Beijing, Shanghai and other places who sentenced divorce in absentia to the court, and issued a detailed representation opinion. In the end, the court held that Hu and Li lacked understanding before marriage, married hastily, and did not establish a husband and wife relationship after marriage, and the personalities of the two parties were incompatible, and it was difficult to live together. In this case, defendant Li Mou's failure to respond to the lawsuit, make a statement, present evidence and cross-examine evidence in court after being lawfully summoned is a waiver of his procedural rights. In accordance with Article 32 of the Marriage Law of the People's Republic of China, Article 2 of the Several Specific Opinions of the Supreme People's Court on How to Determine that the Relationship between Husband and Wife Has Indeed Broken Down in the Trial of Divorce Cases, and Article 144 of the Civil Procedure Law of the People's Republic of China, the plaintiff Hu X and Li X were granted a divorce.

2. Typical significance

This case is a court precedent in which a divorce is granted in the absence of one of the spouses in the absence of the defendant. In judicial practice, a party is absent from the trial and generally cannot decide on divorce. The lawyer representing the case made full use of limited evidence to promote the "default judgment" through the results of the case search, guided Mr. Hu to submit a detailed statement of emotional experience, and forcefully explained the fact that the lack of understanding before marriage and the frequent domestic violence after marriage had led to the complete breakdown of the couple's feelings, and won the support of the court. The court insisted on taking the facts as the basis and the law as the criterion, ruling the divorce of both parties, so that the judicial trial was not swayed by those who did not abide by the rules, so that Li Mou could bear adverse consequences because of his refusal to appear in court for malicious confrontation, which not only maintained the fairness and justice of the law, but also demonstrated the temperature of the judiciary for the people. For the party Hu Moumou, this is also the end of life's nightmare and the beginning of a new life.

Source/ All-China Women's Federation, All-China Federation of Trade Unions Female Workers Committee, China Women Judges Association, China Women Procurators Association, All-China Lawyers Association Women Lawyers Association

Editor/Bin Liu