Can you get custody of a child with evidence of domestic violence?
Evidence of domestic violence was a favorable factor in fighting for custody of a child, but the determination of custody required a comprehensive consideration of many factors. First of all, domestic violence was a major offense under the law. If there was domestic violence, the abused party had a certain advantage in fighting for custody of the child. Because it was beneficial to the physical and mental health of children and the protection of their legitimate rights and interests, it was generally believed that the environment of domestic violence was not conducive to the growth of children. Secondly, the court would also consider the basic conditions of both parties, such as salary, education level, etc. The quality of one party's thinking is also very important, because it will affect the growth of the child; The basic conditions of both parents, such as the child's previous living environment, the opinions and physical condition of the parents who have been taking care of the child for a long time, etc.; The child's living environment, such as whether it is close to the school, whether the living community is mature and beneficial to the child's admission and life, etc.; If the child was eight years old or older (ten years old in some areas), his or her own opinion was also very important. The court would carefully listen to and record the custody issues. For example, in some cases, when there was domestic violence, the child's custody was awarded to the innocent party; but there were also special circumstances, such as children under the age of two being raised by the mother in principle, but if the child had been taken care of by grandparents since birth, the father had his own house, stable and high income, etc., it might also be decided to be raised by the father. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
Is a child witnessing domestic violence considered evidence?
The child witnessing domestic violence could be used as evidence. If a child witnessed domestic violence, the child could appear in court as a witness to provide witness testimony to prove the existence of domestic violence. The witness should describe in detail the violent acts witnessed and their consequences. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Evidence of domestic violence
If the perpetrator has no objection to the domestic violence, the perpetrator's statement, the victim's statement, or the witness's testimony can be used as basic evidence; if the perpetrator denied the domestic violence, the victim's statement or the witness's testimony and another kind of supplementary evidence are required. There were eight types of evidence that could be used as supplementary evidence: 1. Audible and visual materials that record the process of domestic violence, such as domestic violence scenes recorded by home surveillance cameras or domestic violence scenes recorded by others with mobile phones. 2. Electronic data such as phone recordings, text messages, instant messaging messages, emails, etc. related to domestic violence, such as the content of the perpetrator's text message threatening the victim, or the quarrels between the two parties about domestic violence in the instant messaging software. 3. Testimony from relatives, friends, neighbors, and other witnesses. If they witnessed the process of domestic violence, their testimony could be used as the basis for identification. 4. Testimony made by a minor child of the party concerned that is appropriate to his age and intelligence. 5. A letter of repentance or guarantee issued by the perpetrator, such as a guarantee written by the perpetrator that he would not commit domestic violence again. 6. The injury appraisal opinion could accurately reflect the degree of injury of the victim and was an important basis for determining the seriousness of domestic violence. 7. The medical records of the medical institution, including the victim's medical records, diagnosis certificates, treatment plans, etc. 8. Records of domestic violence complaints, responses, or requests for help received by relevant departments and units, such as domestic violence complaints received by women's associations, neighborhood committee, village committee, etc. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
A few days in custody for domestic violence
Based on context alone The number of days of detention for domestic violence depended on the situation. If the domestic violence was minor, he might be detained for up to five days; if the domestic violence was serious, he might be detained for more than five days and less than ten days. If domestic violence caused more serious harm and other consequences, it might also involve criminal offenses. The punishment was not as simple as detention, but more severe punishments such as imprisonment. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Is the scar photo evidence of domestic violence?
Yes, photos of injuries could be used as evidence of domestic violence. For example, after being injured, try to take a panoramic photo of the face, and take it when the injury is the most serious. It can prove that he has suffered physical injury, which is a kind of evidence of domestic violence. At the same time, there were also hospital diagnosis certificates, injury appraisals, witness testimonies, mediation records of the police or the Women's Federation, audio and video recordings of the perpetrator's domestic violence, photos and videos of the scene of the beating, letters of guarantee, letters of repentance, etc., which could also be used as evidence to prove the fact that domestic violence had occurred. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
What kind of evidence counts as domestic violence?
The basic evidence conditions for the public security organs to determine the facts of domestic violence include: if the perpetrator has no objection to the implementation of domestic violence, the perpetrator's statement, the victim's statement or the witness's testimony is required; if the perpetrator denied the implementation of domestic violence, the victim's statement or the witness's testimony and another kind of supplementary evidence are required. Among them, there were eight types of evidence that could be used as supplementary evidence: 1. Audible materials recording the process of domestic violence; 2. Electronic data such as phone recordings, text messages, instant messaging messages, and emails related to domestic violence; 3. Testimony from relatives, friends, neighbors, and other witnesses; 4. The testimony given by the minor children of the parties concerned is appropriate to their age and intelligence; 5. The letter of repentance or guarantee issued by the perpetrator; 6. Injury appraisal opinion; 7. The medical records of the medical institution; 8. Records of complaints, responses, or requests for help received by relevant departments and units. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
How to sue domestic violence without evidence?
If there was no evidence of domestic violence to sue for divorce, one could first call the police and obtain evidence such as police records and injury identification; one could also go to the police station to apply for a police certificate when the party involved reported the domestic violence; one could also prove it through live videos or photos of domestic violence (if there was). In addition, the mediation records of the relevant organizations after seeking help from the residents 'committee and the villagers' committee could also be used as evidence. The parties involved had the responsibility to provide evidence for their claims, but if the other party admitted that there was domestic violence during the trial, this part of the facts did not need to be proven. In the case of insufficient evidence, the court could directly mediate the divorce and close the case, or it could also decide the divorce. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
Can domestic violence be filed without evidence?
If one wanted to pursue the criminal responsibility of the perpetrator, it was basically impossible to file a case without evidence. However, if the victim only wanted a divorce, they could file a case even if there was no evidence. However, evidence was very important in dealing with domestic violence cases. Only when there was enough evidence could a case be successfully filed to punish the perpetrator. At the same time, if the victim's life was in danger due to domestic violence, the police would take action to protect the victim. The victims could seek help from the police or social welfare agencies. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Child domestic violence cases
The following are some cases of child domestic violence: - In the domestic violence incident in Xianyang, Shaanxi Province, the child witnessed his father abusing his mother. The child sacrificed himself to protect his mother. In the process, the child was injured and his small hand was scratched. - In Jiangbei, a 12-year-old boy claimed to have been "abused" because he had not finished his homework at the end of the summer vacation. He did not listen to his father's criticism and education. His father patted him on the back in anger, and the boy called the police. - In Yueyang, Hunan Province, a little boy carried out violent acts against his sister while playing in the pool. He pressed his sister into the water and did not let her get up. He stabbed his sister's throat with a water gun, causing her to bleed. Her sister's mouth was covered when she called for help. Fortunately, her mother arrived in time. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!
Video of domestic violence, child
It was very serious to have a child present in a domestic violence incident. On the one hand, children who witnessed domestic violence would suffer serious mental damage, such as fear, anxiety, and other psychological problems. From the reference cases, for example, when the husband in Zhejiang beat his wife violently in front of his two children, the child was scared and cried, and the boy shouted "Don't hit my mother"; when the man in Xianyang, Shaanxi, beat his wife with a knife, the child cried and begged "Dad, don't hit my mother", these children suffered great mental trauma. At the same time, children could also become important witnesses in legal judgments involving domestic violence. The "opinions on strengthening anti-domestic violence work" jointly issued by the nine departments emphasized the importance of the testimony provided by relatives, friends, neighbors, etc., as well as the testimony of the minor children of the parties involved, but the testimony of the minor was required to be appropriate to their age and intelligence to ensure authenticity and reliability. If such an incident occurs, the surrounding people should actively help the victim. For example, the kindergarten teacher in Liuzhou, Guangxi, who discovered the situation after the 5-year-old boy was abused, actively contacted the Women's Federation and the police station. Moreover, in the case where a child witnessed the occurrence of domestic violence, the relevant departments should pay more attention to the handling of domestic violence cases. Considering the impact of domestic violence on the child, such as psychological counseling and other rescue measures, the victim should also actively collect relevant evidence that the child may provide and apply to the court for a personal safety protection order to protect their own rights and interests. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
What kind of evidence is needed for domestic violence to be useful?
The following types of evidence were more useful in domestic violence cases: 1. ** Evidence related to the police report **: The police report is very important. For example, the police report, the interrogation record, the warning letter, the personal protection order, and other documents can prove that the domestic violence incident has been dealt with by the police. 2. ** Medical-related evidence **: Including hospital diagnosis, medical records, examination reports, treatment records, X-rays, CT scans, etc., which can prove the injuries suffered by the victim. 3. ** Picture and video evidence **: A photo or video of the victim being abused, which can directly show the domestic violence and the injury of the victim. 4. ** Testimony of Witnesses **: The testimony of neighbors, relatives, property management and other related personnel after witnessing domestic violence is valuable. If domestic violence involves underage family members, their testimony can also be used if effective measures are taken to avoid harm to the underage. If some witnesses are unwilling to testify in court, they can apply to the court to investigate the testimony of the relevant witnesses. 5. ** Self-admission materials of the perpetrator **: For example, a letter of commitment, guarantee, and repentance written by the perpetrator, indicating that he or she admitted to the act of violence. 6. ** Communication records **: If domestic violence involves verbal abuse, intimidation, and other verbal violence on electronic devices, communication records such as text messages, social media chat records, and emails can be used as evidence. 7. ** Institution mediation record **: When the victim asks for help from the Women's Federation, the People's mediation organization, the neighborhood committee or the village committee, the public security organ, or other organizations, the relevant certificates or written records can be used as evidence. 8. ** Victimist's statement **: The victim's statement of the time, place, method, frequency, and specific acts of violence can also be used as evidence. 9. ** Physical evidence **: For example, bloody clothes, broken teeth, pulled hair, torn clothes, and weapons used by the perpetrator such as knives, needles, iron bars, wooden sticks, stones, etc. Keeping these documentary evidence and physical evidence can also help prove the facts of domestic violence. The novel," Deaths from domestic violence, I went crazy from the bullet comments ", is equally exciting. Everyone is welcome to click and read it!