Men abuse their wives in front of their children: how to protect themselves in the face of domestic violence in marriage?

Yesterday, January 19, some netizens exposed a video of a man abusing his wife.

In the video, the man punches the woman in the head in front of the child, then throws the woman to the sofa and presses her under him to continue the crazy beating. During the period, the child was frightened and cried and shouted "Mother", and the woman was beaten while comforting "the baby is not afraid". To be honest, even though I have handled many divorce cases involving domestic violence, this video still makes me very uncomfortable, and even wants to explode. How perverted is a man in his heart to give such a cruel hand to his wife?

After investigation, the man was the deputy manager of the comprehensive department of a company in Shaanxi, and the company immediately issued a statement at 2:00 a.m. on January 20: Wang was suspended.

At present, the Provincial Women's Federation and multiple departments have intervened in this matter, and the public security organs have also issued a police bulletin:

The essence of domestic violence is violence, and seriousness can constitute a crime, and the social harm of such violence cannot be ignored because it occurs within the family. So what are the legal consequences for the man's domestic violence in this case? What should the wife in this case do to protect herself and her children?

01 Serious domestic violence can constitute a criminal offence

Because domestic violence occurs within the family and is usually more hidden, women believe that "family ugliness cannot be publicized" under the influence of traditional consciousness, and often choose to swallow their anger for the sake of children and families, which will undoubtedly encourage the arrogance of the abuser.

Resist domestic violence, here we must clarify a concept: the key to domestic violence lies in the word "violence", serious domestic violence is a crime! In the case of domestic violence, if the perpetrator causes serious bodily harm to the victim, or even deprives the victim of his life, the act can constitute the crime of intentional injury or even intentional homicide under the relevant provisions of the Criminal Code, and the perpetrator will face the criminal penalty of the maximum penalty of the death penalty.

However, in this situation in life, the husband frequently beats his wife, but each time he does not meet the criteria for determining intentional injury, how is the law to deal with this situation?

In this regard, the Civil Code Marriage and Family Code and Judicial Interpretation (I) clearly stipulates that persistent and regular domestic violence can be regarded as "abuse". Article 260 of the Criminal Law stipulates that whoever abuses a family member if the circumstances are heinous shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. It can be seen that the law raises persistent and recurrent domestic violence to the height of crime, so as to achieve the purpose of deterring and combating domestic violence.

In addition, if domestic violence is only occasionally a few times and cannot constitute a criminal offense, according to the provisions of the Regulations on Punishment for the Administration of Public Security, those who commit domestic violence but have not yet committed a crime may be detained, fined or given a warning.

02 How to protect yourself in the face of domestic violence?

(1) Get out of the control of the other party as much as possible and call the police in time. When encountering domestic violence, especially for women, the physical strength is relatively weak, at this time, you should try to protect your key parts and avoid further provoking the other party with words. After finding an opportunity to stay away from each other, call the police at the first time. According to article 15 of the Anti-Domestic Violence Law, after receiving a report of domestic violence, public security organs shall promptly dispatch the police to stop domestic violence, investigate and collect evidence in accordance with relevant provisions, and assist victims in seeking medical treatment and assessing injuries.

(2) Pay attention to collecting evidence of domestic violence. Specifically, it includes: the police's interrogation record; the diagnosis certificate issued by the hospital; the documentary evidence issued by the women's federation, the neighborhood committee and other units; the domestic violence guarantee and confession written by the other party; and the audio and video recording evidence recording the process of domestic violence.

(3) Initiating divorce proceedings to completely distance themselves from the perpetrator. People often say that it is not easy for husband and wife to come together, and it is normal to have some quarrels and contradictions in life, and it is over to understand each other. But domestic violence is not as simple as the contradiction between husband and wife, its essence is the control of one party over the other, not a matter that can be passed by tolerance and understanding. "Domestic violence is only 0 times and countless times", in the face of this control and the ensuing harm, the most thorough way is to cut off contact with the other party and dissolve the marriage relationship.

Therefore, for the above cases, it is recommended that the wife, after having sufficient evidence to prove that her husband has committed domestic violence, file a divorce lawsuit with the court, demanding that she raise her daughter by herself, divide the joint property of the husband and wife, and also strive for divorce damages, so as to fundamentally eliminate the possibility of domestic violence again.

I am a marriage succession lawyer Xin Jinguo, pay attention to me, teach you to use the law to protect yourself.