November 25 is International Anti-Domestic Violence Day. When it comes to domestic violence, many people will think of hurtful behaviors such as punching, kicking, beating and scolding. In fact, domestic violence is far more than this, but also includes mental attacks or abuse. Because this kind of domestic violence is highly concealed, outsiders rarely know it, and even the parties involved may not realize that they are the executor of this kind of domestic violence. In addition, domestic violence does not only exist between husband and wife, but may also exist between other family members.
Case 1:
His wife only gives him a thousand yuan in pocket money per month. He is very depressed.
Shandong Weihai Citizen Zhang Liang (pseudonym) married his wife for two years and the child was born last year. At this time, his wife asked Zhang Liang to submit his salary card because he usually spent a lot of money, and after the child was born, the expenses would definitely be huge, and his wife was worried that she would not be able to make ends meet. After submitting the salary card, his wife gave Zhang Liang 1,000 yuan in pocket money every month. Not long after, Zhang Liang felt the feeling of "I don't have money in my hands and panic".
He also went out with his friends from time to time to have a meal, buy a game card, and buy a cigarette, just like before. As a result, the 1,000 yuan spent in more than half a month. He reached out to ask his wife for money, but his wife scolded him for not caring about his family. Zhang Liang was very depressed and thought that his wife was committing domestic violence against him. For this reason, he and his wife quarreled several times, and the two often fell into a cold war, and the relationship between the couple became less harmonious.
Lawyer said:
Confiscate salary card to control husbands is considered domestic violence
Zhang Liang's pattern of getting along with his wife is more common in life. Is it considered domestic violence?
Weihai lawyer Su Cunye believes that giving her husband pocket money every month is not domestic violence itself, and the economic management method of each family is different. If you want to rise to the level of whether domestic violence is done, you must look at the impact of this method on your husband. Some husbands have very small expenses, don’t have to spend money to work or eat, and don’t have any other expenses. They may not be able to use 500 yuan per month in Weihai. Then the confiscation of salary cards and limited pocket money is not domestic violence. If, like Zhang Liang, his wife confiscated her salary card and restricted her consumption, it would have an impact on his life, making Zhang Liang clearly feel controlled and the relationship between husband and wife was affected, which is domestic violence.
Case 2:
ignores his wife and children and is a "wooden man" at home
Not long ago, after the court ruled, Wang Fang (pseudonym) divorced her husband Liu Qiang (pseudonym). In fact, there is no sharp conflict between the two. In Wang Fang's words, she can't stand her husband's indifference to her for many years, ignores her children, and is irresponsible to her family.
Before getting married, Liu Qiang worked in another place and had a first love girlfriend who got along well. However, at the strong request of his parents, he broke up with his girlfriend and returned to Weihai, and married Wang Fang through an introduction. Wang Fang's family is well off. After marriage, Liu Qiang started a business with his wife's family, but the business has always been lukewarm. Liu Qiang always feels like a son-in-law who is " backdoor ", and is very depressed. In addition, Liu Qiang has always been unforgettable for his first love. He rarely cares about his wife in life, does not communicate with his wife, and often sleeps in separate rooms with his wife. After having children, I don’t care about my children’s education. The family cold violence imposed on his wife by Liu Qiang eventually overwhelmed the marriage.
Lawyer said:
Many causes of domestic violence are that couples do not communicate
"Learn to communicate is the password to open the door to a happy family." Regarding Wang Fang's experience, Su Cunye explained that there is actually no completely innocent party in the marriage issue. Many domestic violence causes are often poor communication between the two parties, and language communication is the most important way of communication. If the couple keep silent and do not communicate, over time, the gap will become more and more serious and eventually rise to irreconcilable domestic cold violence, which will lead to the breakdown of the relationship between the couple.
At the same time, from a legal perspective, if one party mentally intimidates the other party and causes fear to the other party, the act constitutes mental violence, and the victim has the right to ask the perpetrator to compensate for mental damages . If both spouses are sentenced to divorce due to domestic violence, the victim has the right to ask the perpetrator to compensate for mental damage.
Case 3:
Son-in-law and mother-in-law fight against each other habeas protection order "establishing the boundary"
This year, Mr. Yang, a citizen of Guangzhou, applied for personal safety protection order to the Tianhe District Court, and the respondent was his mother-in-law. Mr. Yang and his wife began to separate in the sixth year after marriage, and the conflict between the couple caused the relationship between the son-in-law and the mother-in-law to deteriorate.
Mr. Yang submitted an evidence material such as police receipt, administrative penalty decision issued by the police station, medical records, charging documents, forensic clinical identification opinions, etc., proving that he was injured by a glass bottle on his head, had multiple soft tissue trauma on his head and face, and had minor eye contusions. Mr. Yang applied to the court to rule that his mother-in-law moved to the residence where she appeared and prohibited beatings and threats him and contact with the two children.
The judge held that these evidences were sufficient to prove the fact that Mr. Yang suffered domestic violence, so he supported Mr. Yang's application. Regarding Mr. Yang's application to ask his mother-in-law to move in to his residence, the judge verified that Mr. Yang's mother-in-law now lives with his daughter. Mr. Yang and his wife are in divorce lawsuit and are now separated. Therefore, the mother-in-law lives in the existing residence and will not cause direct personal injury to Mr. Yang. Moreover, the house belongs to the common property that the couple needs to deal with in the divorce lawsuit. Mr. Yang's application for his mother-in-law to move out of his residence is not reasonable or necessary, and the judge will not support it. Furthermore, Mr. Yang did not provide evidence of domestic violence against his mother-in-law against his two grandchildren, and prohibited his mother-in-law from contacting his grandchildren. There was no factual basis and the judge did not support it.
On the 11th day after the judge made the ruling, the mother-in-law also filed a personal safety protection order to the court. The application content was to prohibit the son-in-law from harassing, insulting, beating, and threatening herself and her family from going to her residence and places outside her residence. In order to prevent both parties from continuing to hurt each other, the judge supported the mother-in-law's request to prohibit her son-in-law from threatening and beating her. However, the mother-in-law did not provide relevant evidence materials for the son-in-law to abuse his family, so the judge did not support his application to prohibit his son-in-law from beating or threatening his family.
Judge's statement:
Domestic violence does not only exist between husband and wife
Guangzhou Tianhe District Court Juvenile Family Court President Liang Xiasheng said that the domestic violence defined in my country's "Anti-Domestic Violence Law" not only exists between husband and wife, but also between other family members. Even if the relationship between family members is not a husband-wife relationship, victims of domestic violence can apply to the court for a personal safety protection order.
Liang Xiasheng suggested that if the parties want to successfully obtain a legal and effective personal safety protection order, they must have a sense of evidence. After suffering domestic violence, evidence must be fixed and evidence must be collected in a timely manner. In court, the applicant must provide strong evidence that he has suffered domestic violence. Only in this way can the judge rule a legally effective personal safety protection order for the applicant in accordance with the law.
Source: Huashang Daily According to Weihai Evening News, Guangzhou Daily,
Editor: Zhu Hui
