"The law does not enter the family" has become history. Domestic violence is not a domestic matter, it is an illegal act. Constant concessions and fantasies cannot save the family, but can encourage the arrogance of the perpetrators. When encountering domestic violence, one must bravely say "no" and resolutely use legal weapons to safeguard one's legitimate rights and interests. This article combines the TV drama "Jiang Zhao Dawn" to ponder over the protection of rights through domestic violence.

In the TV drama "Jiang Zhao Dawn", Li Xiaonan's husband, Su Rui, was unable to repay his gambling debts and asked Li Xiaonan to repay them with the purchase price. After being refused, Li Xiaonan was continuously subjected to domestic violence by her husband. So in real life, if encountering domestic violence, how should we deal with it?

1、 The Definition of Domestic Violence and the Scope of Subjects Who Enforce Domestic Violence

Domestic violence refers to physical and mental violations committed by family members through beating, binding, maiming, restricting personal freedom, and frequent abuse and intimidation. Domestic violence not only refers to violence committed by a husband against his wife, but also includes violence committed by a wife against her husband, as well as violence between other close family members living together.

Screenshot of the plot in the TV series

2、 The Ways and Subjects of Protecting Rights in Domestic Violence

The "Anti Domestic Violence Law" clearly stipulates that the state prohibits any form of domestic violence, and the public power should intervene in domestic violence. It has created important legal systems such as domestic violence warnings, personal safety protection orders, and emergency shelters. So, how should the victim exercise their rights? Can others assist in safeguarding rights?

The victims of domestic violence and their legal representatives and close relatives may file complaints, reflect or seek help from the perpetrators or the units where the victims belong, neighborhood committees, villagers' committees, women's federations, and other units.

"You can also report a case to a public security organ. After receiving a report of domestic violence, the public security organ will promptly call the police to stop the domestic violence, provide criticism and education to the perpetrator, or issue a warning letter. If the violation constitutes a violation of public security management, a public security management punishment will be imposed in accordance with the law. If the violation constitutes a crime, criminal responsibility will be investigated in accordance with the law.".

Alternatively, they can apply to the people's court for a personal safety protection order to prohibit domestic violators from harassing, stalking, or contacting the applicant and their related close relatives; Order to move out of the common living quarters. In addition, according to the provisions of the Civil Code, divorce cases involving domestic violence shall be granted if mediation fails during court proceedings. "If domestic violence leads to divorce, the joint property of the husband and wife should be divided less, and the innocent party has the right to claim damages.".

Screenshot of the plot in the TV series

3、 Collection of evidence of the existence and risk of domestic violence

In real life, due to the lack of awareness of domestic violence victims to preserve and collect evidence to prove domestic violence, many illegal acts of domestic violence have not been promptly and effectively dealt with and investigated, resulting in more serious harmful consequences. The following evidence can prove that the fact of domestic violence has indeed occurred and that there is a real risk of domestic violence:

Police records, warning letters, and injury appraisal opinions of public security organs; Records of village (residential) people's committees, women's federations, anti domestic violence social organizations, employers of both sides, and other institutions for seeking help and receiving visits, and mediation records; The victim's medical records and medical bills; Audio and video recordings of domestic violence, photos and videos of physical injuries and smashing scenes; Letter of undertaking, letter of commitment, and letter of repentance of the perpetrator; The testimony of witnesses, the testimony of minor children, and the statement of the victim can all be used as evidence to prove the fact that domestic violence has occurred. The victim should pay attention to preserving or applying to the relevant department for access.
If the perpetrator threatens or intimidates through phone calls, text messages, WeChat, QQ chat records, e-mail, etc., the victim can backup and save such evidence through recording, screenshots, etc. If conditions permit, electronic evidence can be extracted through a notary office to prove the real danger of facing domestic violence.

4、 Lawyer tips

There are only zero and countless times of domestic violence, and "the law does not enter the family" has become history. Combating domestic violence is not only a family matter, but also a common responsibility of the country and the entire society. When encountering domestic violence, women or other victims should not take "domestic violence" as a hidden danger. They should seek help from relatives, friends, professionals, or relevant institutions as soon as possible, take legal weapons, and safeguard their legitimate rights and interests.

(All screenshots in the text are from the TV series "Jiang Zhao Dawn")