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Can domestic violence be reported?
1. In the application process of personal safety protection order, you can submit the receipt of domestic violence issued by the authority, or the other party can complain or report on the grounds of domestic violence. If the authorities don't investigate, you can't file a case for inaction.
Victims of domestic violence should report to the authorities at the first time. Under normal circumstances, the authorities will file a case for handling. If the police do not punish the victim, it is considered that the infringer refuses to accept domestic violence, and the victim can file a lawsuit to safeguard his legitimate rights and interests. In addition, victims of domestic violence can also ask the authorities to investigate their families when they encounter domestic violence, because legal provisions can only be made if the family behavior is clearly investigated. If the authorities do not investigate, the consequences will be: if the perpetrators continue to commit domestic violence, they will be punished by law; And the victim will be hurt more. Therefore, it is very important to report domestic violence to the police in time to protect their legitimate rights and interests. And pay attention to collecting necessary evidence to prove that you have been subjected to domestic violence, so as not to bring unnecessary troubles and losses to yourself.
Second, the personal safety protection order can be violated again after it is issued, so it will face administrative punishment and even criminal punishment.
Article 37 of the Anti-Domestic Violence Law stipulates that the personal safety protection order shall take effect from the date of issuance. If a party violates the personal safety protection order, the people will give him a warning and may impose a fine of 1000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. Personal safety protection orders come into effect after being issued by the people, which is a legal system to protect the personal safety and personal dignity of women, children and other injured parties from infringement. Anyone who violates the personal safety protection order will face corresponding legal punishment. Article 35 of the Anti-Domestic Violence Law also clearly stipulates that any form of personal safety protection order shall not be lifted, changed or revoked on the grounds that the respondent is at fault.
Third, the victim suffered from domestic violence or sought legal help, and there is no relevant evidence to prove that the other party committed domestic violence.
In this case, the victim can choose to report the case to the authorities. However, after that, if the organ fails to punish the offender, the victim may file a lawsuit and demand the offender to bear civil liability. Because China's Anti-Domestic Violence Law does not clearly stipulate how to deal with domestic violence after divorce. That is to say, if domestic violence occurs, the victim can't immediately take any measures to prevent the perpetrator from committing domestic violence again, so the parties can't directly file a lawsuit. With the help of the authorities, it is necessary to submit evidence to prove the existence of extramarital affairs or other forms of illegal and criminal acts, or the existence of domestic violence. At the same time, after suffering from domestic violence, you should call, send text messages or seek legal help in time.
Fourth, when the victim files a divorce lawsuit, he will accept the case of domestic violence.
According to Chinese laws, domestic violence is an illegal act. In our country's laws, there is no prohibition of domestic violence, only civil code of conduct. China's Tort Liability Law also stipulates that a civil legal act in which the actor implements the right of ownership or use and hinders others from exercising it is invalid; If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. However, according to the provisions of China's Criminal Law, there are many constitutive elements of domestic violence, including acts of violence committed by people other than family members, and the victim has evidence to prove that there are acts of beating among family members, or that they are the same tort as the perpetrators. A person other than a family member refers to a person who commits, molests or abandons a minor child and should bear civil liability; At the same time, people other than family members commit domestic violence against adult children or family members, which may also constitute crimes and abandonment crimes. In addition, Chinese law stipulates that victims of domestic violence have the right to ask for protection of divorce and so on. Persons other than family members who beat family members can be investigated for criminal responsibility.
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