(1) Encountered domestic violence and ran away
Hao Mengyuan, who was born in the 1990s, never expected that she would have been beaten by her husband no less than a dozen times just after getting married for more than half a year. And every time his husband started fighting with Hao Mengyuan, it was only because of trivial things in life that he disagreed with.
"I tell you Sun Zhengtao, I've had enough of you! Even if it's like what you said, I will divorce you! Must divorce! Divorce immediately!" Hao Mengyuan said harsh words to her husband, and then she grabbed the trolley case and threw it. Go through the door.
After being beaten this time, Hao Mengyuan finally stopped being trapped in the entanglement, hesitation and helplessness. Her determination to get divorced was like that of a big star who suddenly stopped acting. Her aura made Sun Zhengtao really shocked.
Hao Mengyuan, female, born in 1994, is an only child. Her father works in engineering projects and earns a lot of money. Her mother has not gone to work since she gave birth to Hao Mengyuan. Due to her family's superior economic conditions, Hao Mengyuan has lived a carefree life since she was a child, so she has developed a simple, kind, easy-going and carefree character. When she grows up, Hao Mengyuan has the same idea as most girls, hoping to marry A man whom he likes very much and the other person likes him even more.
When Hao Mengyuan was 23 years old, she met Sun Zhengtao, her domestically violent husband, on a blind date after being introduced by relatives at home. The two have been in love for more than three years and entered into the sacred palace of marriage. Some boys who were dating before said that Hao Mengyuan's requirements for choosing a spouse are not low. In fact, Hao Mengyuan has no princess disease at all. On the contrary, she is a good person in life. , diligent and thrifty in housekeeping, harmonious with neighbors, and efficient in everything including washing, cooking, and cleaning the house.
Sun Zhengtao, male, born in 1991, is an only child. His parents are working-class families. He is not rich or poor, just an ordinary family. Sun Zhengtao is 1.76 meters tall and weighs 63 kilograms. He works in legal affairs. He is fair and elegant. He also wears a pair of resin glasses on the bridge of his nose, which makes him more stable and down-to-earth.
At first, Hao Mengyuan's parents felt that it was good for Sun Zhengtao to be three years older than their daughter. A few years older should know how to care for others, and he should be able to take care of her more and be more tolerant when things happened. Not many of Hao Mengyuan's friends got married, and she herself was not in a hurry to get married. Hao Mengyuan's parents thought it would be a good time to observe Sun Zhengtao more, so Hao Mengyuan and Sun Zhengtao dated for more than three years. Because Sun Zhengtao often works overtime, he has only visited Hao Mengyuan's parents' house a handful of times even though they have been in love for three years. Although they have not met many times, Hao Mengyuan's parents feel that Sun Zhengtao is elegant in speech and behavior and has a mature and steady personality. , so I recognized and liked this future son-in-law in my heart.
Hao Mengyuan dragged her suitcase back to her parents' home. She told her parents -
"Mom and Dad, I need a divorce. Sun Zhengtao has domestically abused me more than once!"
"Don't get excited, I'm fine!"
"Not long after we returned from our honeymoon, whenever we had disagreements in life, Sun Zhengtao would hit me no matter what. Although it wouldn't be bloody, but a grown man's hands are very strong. It hurts when he hits me! At first, I communicated with him many times when he was in a good mood, but every time he said it was because he was under great pressure at work and he couldn't control his emotions. He knew he was wrong. It won’t be like this anymore.”
“Actually, I didn’t dare to tell you that during the preparations for the wedding, Sun Zhengtao and his mother had an argument. I felt awkward standing next to them, so I pulled him. Sun Zhengtao's clothes told him not to shout at his mother.Unexpectedly, Sun Zhengtao slapped me in the face. Sun Zhengtao told me not to interrupt when the two of them were talking! I cried at that time, and I told him that no one had touched a hair on my head when I was so old, how dare you hit me! Don't look at the fact that we have already argued with each other, but I won't marry you anymore! Just when I waved my hand and wanted to leave, Sun Zhengtao's mother suddenly blocked the door with her body and knelt down in front of me and said to me: Yuanyuan, Taotao has been under great pressure at work recently. I guess he didn't tell you about it. He must be afraid that you will worry about him, plus he comes back from get off work every day and has to keep an eye on things like decorating the wedding room, so today he was in a hurry and made a mistake. Marriage is not a child's play. How can your three-year relationship be changed? If you don't want to get married, please don't get married. Please forgive Taotao this time for the sake of my mother-in-law. At that time, I thought to myself: Everyone says that marrying a good husband is not as good as meeting a good mother-in-law! At that time, I saw Sun Zhengtao's mother kneeling in front of me and crying and begging me. I thought that Sun Zhengtao's mother must be the kind of good mother-in-law that everyone said, so I forgave Sun Zhengtao. My mother-in-law thanked me first, and then said to me in a caring tone: Don't tell your parents about this when you go home. If they know about it, they will definitely feel sorry for you, and this matter will not be able to be solved. So, I promised my mother-in-law not to tell. "
" After marriage, when Sun Zhengtao hit me for the first time, I ran to Sun Zhengtao's mother's house. I thought to myself, I will let my mother-in-law talk about Sun Zhengtao! Unexpectedly, Sun Zhengtao's mother said to me after hearing this: Well, how can a couple not bicker or quarrel? Fighting is kissing and scolding, which is love. The young couple quarreled at the head of the bed and at the end of the bed. Go back quickly. I didn't understand it at the time, so I thought to myself: Are what my mother-in-law said correct? Later, Sun Zhengtao beat me again, and I went to my mother-in-law's house several times. Once, an old neighbor in front of Sun Zhengtao's mother's house told me privately that people in this area said that Sun Zhengtao's mother was a tigress, with low cultural accomplishment and poor speech. He speaks unabashedly and has poor qualities, and his conduct and actions are extremely evil! Therefore, after that, I never went to Sun Zhengtao’s mother to tell her about Sun Zhengtao beating me. "
" When I saw that Sun Zhengtao's mother didn't want to help, I thought for a long time about what should I do? Seeing that Sun Zhengtao was always ready to hit others, I once proposed to Sun Zhengtao that I wanted to divorce him. Sun Zhengtao asked me coldly, why should I divorce him? I said, because he did domestic violence to me! Then, Sun Zhengtao burst out laughing. He said that I had no legal basis. He said that I had no scars of domestic violence on my body, and I had no witness statements. I didn’t even have video evidence of domestic violence. He asked me what I wanted to bring to the court. File a divorce lawsuit ! He also said that when the time comes, he can accuse me of false accusation and be sentenced to fixed-term imprisonment of not more than three years, , criminal detention, surveillance, or deprivation of political rights. Sun Zhengtao said, "If I want to get divorced, it's not impossible. I can cleanse myself and leave the house, give him the wedding house you paid for us to buy, and I can't take away all the furniture and appliances. Otherwise, I won't even think about getting a divorce." ! He said that if we have been separated for more than two years due to emotional discord, the court can order a divorce. However, a girl’s youth only lasts for a few years. Anyway, he is a boy and he is not afraid of spending time with me! As a result, I was very annoyed every day, with nowhere to complain and no solution. When I got home from get off work and saw Sun Zhengtao, my mind was very confused, I was in a bad mood, and my sleep was getting worse and worse. "
" If we have to live apart for two years before getting a divorce, that's too long. I don't want to be delayed by him for that long. I want to divorce him immediately and cut off all relations and contact with him! I am going to pieces, I need to divorce him immediately! "
Hao Mengyuan's parents agreed. On the one hand, they loved their daughter very much, but on the other hand, they felt that Sun Zhengtao, mother and son, were not very economical. They didn't know what unexpected things they would do! So they decided to make a fortune and avoid disaster. Don't delay. The daughter's youth, divorce early so that the daughter can start a new life.
There is an old saying: When getting married, you should choose the right person!
The profound meaning contained here is: two family backgrounds must be similar in terms of social class, economic ability, cultural level, personal cultivation, vision pattern, and three outlooks. Although this is not a universal law when choosing marriage, it still makes sense.
(2) Suspected Domestic Violence, Feeling Lucky
"Fortunately, you and Chen Bin haven't gone to the Civil Affairs Bureau to register and get the certificate. You should break up with him quickly! If you quarrel now, he will beat you. You will spend your days in the future But how are you going to live, my dear daughter! Juanzi, please don’t underestimate this domestic violence, it’s really scary to think about it!” Xu Juan’s mother said to Xu Juan.
Xu Juan, female, worked in a public institution in 1985. She was divorced ten years ago and has a child who belongs to her husband.
Chen Bin, male, was a civil servant in 1980. His parents were also civil servants. His family was in good economic conditions. He was divorced four years ago and has a child who belongs to the woman.
"Mom, we have taken wedding photos, the wedding room has been decorated, and we just need to get the marriage certificate. I think if we just break up like this, my colleagues will laugh at my jokes, and I feel like it's a little bit of a pity. , How about I observe him again and see how he behaves? After all, we have been together for almost a year, and I think it is almost the same with anyone these days," Juanzi said to her mother.
"You are not in your twenties anymore, do you still need me to tell you some truth? Domestic violence only shows that Chen Bin's emotional control ability is quite poor, and his tutoring has not been adequate since he was a child. , the most important thing is that he doesn’t love you enough to cause domestic violence because of a quarrel! Let me tell you, if he hits you for the first time today, he will dare to hit you many times in the future. You should tell Chen Bin immediately! Break up, why are you hesitating!" Xu Juan's mother said anxiously.
Xu Juan got married early, had children early, and divorced early, but she never met anyone who liked her after her divorce. The divorce rate has remained high in recent years, and more and more people are getting divorced. Xu Juan has also dated several blind dates, but each one lasted less than three months. Xu Juan, who had been divorced for many years, had a hard time finding love, but she still couldn't meet the prince charming in her heart. Until Chen Bin appeared, he began to pursue Xu Juan passionately. He often sent her flowers, invited her to have candlelight dinners, and invited her to travel together during holidays. In short, Chen Bin did not hesitate to spend time and money to pursue Xu Juan for a long time. In this way, Xu Juan, who only wanted to get married, lived with Chen Bin, took wedding photos and decorated the wedding room. Busy preparing for marriage. However, due to Chen Bin's problems with his ex-wife and children, Xu Juan felt that Chen Bin's relationship with his ex-wife was too close. Although Chen Bin did not admit it, it was the woman who proposed the divorce in the first place and Chen Bin was forced to accept it. For this reason, Xu Juan reminded Chen Bin countless times to keep his distance, but Chen Bin agreed without changing his mind.
On this day, still because of the problem between Chen Bin and his ex-wife, they quarreled again. The quarrel became so intense that Xu Juan scratched Chen Bin, and Chen Bin waved his hand and beat Xu Juan's body with bruises. Later, Xu Juan called 110 to report the incident to the police, and then called her mother. When Chen Bin saw this, not to be outdone, he called his parents over with a phone call. Although the wedding room was decorated quite festively, the atmosphere in the wedding room was very strange.
"Tell me, you two have caused such an unpleasant incident before you are married. How can your future parents-in-law have no grudges against you in their hearts? In the future, the relationship between your mother-in-law and daughter-in-law will inevitably be quite tense!" Xu Juan followed her mother back home. Her mother said to Xu Juan, "What's the use of calling 110 to call the police? If you encounter domestic violence, break up quickly. Fortunately, you and Chen Bin haven't gone to the Civil Affairs Bureau to register and get the certificate..."
(3) What is domestic violence? What should you do when you encounter domestic violence in your marriage?
“Domestic violence: refers to violence that occurs between family members who are connected by marriage or intimate relationship, blood and law.It includes physical, sexual, emotional and other aspects of violence that occur in family relationships, as well as threats of violence [5]. Domestic violence may occur between husband and wife, parents, children, brothers, sisters, grandparents, grandchildren and other family members. "
"Domestic violence seriously destroys harmonious family relationships, and the victims suffer psychological torture and physical pain. In the face of domestic violence, victims of domestic violence must bravely stand up and protect their rights.
asked: How to get a divorce when domestic violence is encountered in marriage?
Answer: When unilaterally suing for divorce, the suing party directly submits a complaint to the court. After the court files the case, it will notify the hearing date within 15 days. Under normal circumstances, when the court hears a unilateral divorce case, it should first go through judicial mediation. If mediation fails, a judgment will be made.
Domestic violence is a condition for the court to grant divorce. You can use this to file for divorce with the court. When filing for divorce, you can also claim divorce damages from the other party for the infringement of domestic violence.
Our country’s laws stipulate that if domestic violence leads to divorce, the innocent party has the right to request damages. Damages, including material damages and mental damages . When domestic violence occurs, you should call the police promptly and conduct an injury examination to collect evidence of the other party's fault. Litigation is all about evidence. How to prove that the other party has committed domestic violence against you is a key part of winning or losing a domestic violence divorce lawsuit. Therefore, collecting evidence is both difficult and key. If you want to get a divorce, you must first collect evidence of domestic violence divorce.
It can be seen that if a divorce is caused by domestic violence, the non-fault party has the right to request damages. Remember that evidence of domestic violence divorce must be collected before divorcing.
Q: What is the procedure for filing for divorce due to domestic violence?
Answer: 1. Write divorce complaint ;
2. Prepare the evidence needed for the lawsuit;
3. Take 2 copies of the previously prepared complaint and 2 originals and copies of the evidence materials to the defendant’s place of residence or where both parties live. If you have filed a lawsuit in the court where your residence is for more than 1 year, go to the filing court to go through the relevant procedures.
asked: How to collect evidence of domestic violence and divorce?
Answer: If you sue for divorce due to domestic violence, you must submit relevant evidence to the court to prove the fact of domestic violence:
1. After suffering violence, the victim should promptly and comprehensively collect and preserve all kinds of evidence, including: wounds on the body, belts Bloody clothes, knocked out teeth, pulled out hair, torn clothes; the perpetrator's weapons such as knives, needles, iron rods, wooden sticks, stones, etc.
2. Police dispatch records. After encountering domestic violence, the victim seeks help or calls the police from the Women's Federation, people's mediation organization, residents' committee or villagers committee , public security organs or other organizations. Relevant certificates or written records, as well as police dispatch records, etc. can be used as evidence. ; Oral or written remorse or guarantee made by the perpetrator for the violence can also be used as evidence.
3. The warning letter can be used as court evidence. The Anti-Domestic Violence Law stipulates that after the perpetrators of domestic violence are dealt with by the public security organs, if they do not constitute a public security management penalty , the public security organs will criticize and educate or issue a warning letter. When a domestic violence victim submits a divorce lawsuit to the court, the "Warning Letter" issued by the public security agency can be used as evidence in the court's trial of the domestic violence divorce case.
4. Witness testimony. The particularity of domestic violence makes some witnesses unwilling to appear in court to testify. In this case, in order to protect the legitimate rights and interests of the victim, you can apply to the court to investigate the testimony of relevant witnesses.
5, injury assessment opinions.If you go to the hospital promptly after suffering domestic violence, the hospital's diagnosis certificate and treatment certificate can be used as evidence of domestic violence. At the same time, the injury can be assessed, and the appraisal agency will issue an appraisal opinion as evidence of domestic violence.
6, photos and videos. If you have taken relevant photos or video recordings after being beaten by the other party, they can also be used as evidence. ”
suggestion: When you encounter domestic violence in a marriage and want to divorce, it is best to go to a nearby law firm for consultation and be guided by a professional lawyer. I hope that domestic violence will no longer occur in the marriage, and I hope that violence will no longer occur. Put down your waving hand and the tool in your hand. The person opposite you is your lover, not your enemy, let alone a scarecrow of your dissatisfaction! Family is a place where love is spoken and compared. , is not the place for you to commit violence! I hope those who are victims of domestic violence can be brave and learn to use legal weapons to protect their legitimate rights and dignity. The human body is protected by parents, even your spouse, I have no right to touch it.
I hope every family can be full of laughter, warmth and happiness, and I hope every couple can treat each other well and live in love for the rest of their lives!
