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How to deal with the husband's beating
1, first of all, it should be reported to the relevant institutions in time. According to the anti-domestic violence law, the people's governments at or above the county level are responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in anti-domestic violence.
2. Reporting a case directly to the public security organ is also an important way to report domestic violence. The Anti-Domestic Violence Law clearly stipulates that after receiving a report of domestic violence, public security organs should promptly send police to stop domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist victims in seeking medical treatment and injury identification.
3. Apply to the court for personal safety protection order. The party applying for the personal safety protection order must have a clear request and have the situation of being subjected to domestic violence or facing the real danger of domestic violence.
First of all, the materials to be submitted are:
(1) The application for personal safety protection order shall be made in writing. If it is difficult to apply in writing, it may be applied orally, but the people's court shall record it.
(2) If the applicant is a person with limited capacity for civil conduct, a person without capacity for civil conduct, or is unable to apply for a personal safety protection order due to threats or intimidation of domestic violence, his close relatives, public security organs, residents' committees, villagers' committees, women's federations and relief management agencies may apply on his behalf.
Secondly, the victim should prove that he is in real danger of being subjected to domestic violence or facing domestic violence, and the evidence that can be collected includes: identity information; Marriage certificate, household registration book and other materials to prove the relationship; Hospital medical records, medical records, etc. , as well as evidence of direct or indirect personal injury to the victim, can be saved by means of audio and video recording, and other evidence that can prove the fact of domestic violence.
Finally, after accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours; In case of emergency, a reply shall be made within 24 hours. A personal safety protection order may prohibit the respondent from committing domestic violence; Ordering the respondent to move out of the applicant's residence; Prohibit the respondent from harassing, stalking or contacting the applicant and its related close relatives; There are other measures to protect the applicant's personal safety. If the respondent violates the personal safety protection order, which does not constitute a crime, the people's court will give it a warning and may impose a fine of 1 000 yuan or detain it for 1.5 days according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Legal basis:
1. The Marriage Law of the People's Republic of China stipulates that if domestic violence or abuse of family members is committed, the victim has the right to make a request, and the neighborhood committee, village committee and the unit where he works should discourage mediation; If the victim demands domestic violence or maltreatment of family members, the public security organ shall impose administrative punishment in accordance with the regulations on administrative penalties for public security.
2. Domestic Violence Act of People's Republic of China (PRC)
Article 34 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 shall give it a warning and may, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detention of not more than 15 days.
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