6 types of domestic violence evidence recognized by the court

How to quickly and effectively collect evidence of domestic violence?

Six major pieces of evidence of domestic violence that the court found valid.

1. Alarm record.

The call records when calling the police and the confessions given at the police station can be used as strong evidence.

(Trivia: 110 alarm records will be retained for a long time, but the police station landline phone generally cannot retrieve the records.)

2. Injury report.

After being injured, focus on this! Remember to take imaging evidence immediately and seek medical treatment immediately. The hospital's medical certificate is also important evidence.

3. Audio and video recording.

In this era of surveillance cameras everywhere, you must let the power of technology help you. Whether it is an elevator, a driving recorder or a residential surveillance camera, as long as the other party's atrocities against you are recorded, it can become strong evidence.

4. Witness testimony (neighborhood committee, neighbors, women’s federation, etc.).

The new regulations in July state that if minor children can provide testimony commensurate with their age and intelligence, it will be considered valid evidence. This is a very powerful policy for mothers who have been harmed for a long time.

5. Acknowledge the wrong book.

Don’t think that a confession/repentance statement is useless without legal effect! If your husband shows remorse after domestic violence, never forgive him verbally! The repentance statement he writes is your bargaining chip in the future.

6. Habeas corpus.

The "Habeas Corpus Order" is a civil coercive measure taken by the People's Court against domestic violence. The parties concerned need to apply to the People's Court.

On July 15, 2022, the Supreme People's Court issued the "Regulations on Several Issues Concerning the Application of Law in Handling Personal Safety Protection Order Cases." Among them, Article 6 stipulates: In a personal safety protection order case, the people's court believes, based on relevant evidence, that there is a high possibility that the applicant has suffered domestic violence or is facing an actual danger of domestic violence. A personal safety protection order can be made in accordance with the law.

"Relevant evidence" includes:

(1) Statements of the parties involved;

(2) Domestic violence warning letters and administrative penalty decisions issued by the public security organs;< /p>

(3) Police dispatch records, interrogation records, inquiry records, police response records, alarm receipts, etc. of the public security organs;

(4) Letters of remorse or guarantee issued by the respondent, etc.;

(5) Audio-visual materials that record the occurrence or resolution of domestic violence;

(6) Telephone recordings, text messages, instant messages between the respondent and the applicant or his close relatives Communication information, emails, etc.;

(7) Diagnosis and treatment records of medical institutions;

(8) The applicant or respondent’s unit, civil affairs department, residents’ committee, village committee , Women's Federation, Disabled Persons' Federation, Minors Protection Organizations, Elderly Persons' Organizations established in accordance with the law, rescue management agencies, anti-domestic violence social welfare agencies and other units' records of complaints, reflections or requests for help;

< p>(9) Testimonies provided by the surviving children that are appropriate for their age and intelligence, or testimonies of other witnesses such as relatives, friends, neighbors, etc.;

(10) Injury appraisal opinions;

(10) 1) Other evidence that can prove that the applicant has suffered domestic violence or is in real danger of domestic violence.