A woman in Chengdu said that she was repeatedly violent during pregnancy.

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Recently, news about "a woman in Chengdu was damaged by her husband’s domestic violence" has attracted widespread attention from the masses.The parties Ms. Xie said that after being suffered by her husband He Mouyang repeatedly, she decided to divorce with her, and to the court’s application for personal protection order. In order to avoid being retaliated with He Mouyang, Ms. Xie avoided contact with He Mouyang.After learning about the incident, He Mouyang and his girlfriend cheated Ms. Xie for dinner and drunk.He Mouyang followed Ms. Xie after dinner and dragged him to the hotel to perform serious violence.

The parties, Ms. Xie Xie and her husband, have been married for two years for three years.On April 15 this year, in the Guanghua Taed Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Casual Cascurm, which caused his entire body to burn.After the alarm, Ms. Xie could not bear the long -term family violence torture and decided to divorce, and signed a divorce agreement with He Mouyang at the police station. Unexpectedly, He Mouyang regretted that she would not agree to divorce after leaving the police station.In order to ensure personal safety, Ms. Xie applied for a personal safety protection order to the Wuhou District People’s Court and filed a divorce lawsuit.

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He Mouyang learned that Ms. Xie had to take revenge after divorce through a lawsuit. On April 24, my cousin and her girlfriend stated that "I won’t tell He Mouyang", deceived Ms. Xie Xie to the restaurant for dinner and poured it to pour it.drunk.After meals, He Mouyang followed Ms. Xie and dragged him to the hotel for violence.During this period, He Mouyang seized Ms. Xie’s mobile phone to isolate her contact with the outside world and put him under house arrest in the hotel.

The next morning, Ms. Xie, who suffered violence overnight, seized the opportunity to help other tenants in the hotel. After helping the police after helping the police, Ms. Xie was finally sent to the hospital for rescue at 11:30 noon on April 25.Ms. Xie had no pulse when she was sent to the hospital.

After diagnosis of doctors, Ms. Xie’s rib fractures, duodenal intestines were contaminated, small intestinal obstruction, and her internal organs such as kidney, pancreas, and lung were damaged to varying degrees.After two months of treatment, although Ms. Xie’s condition improved, she had a dung bag for life because of her small intestinal obstruction.

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At present, He Mouyang has been detained, and the public security, courts and other departments have been involved in the investigation.

A staff member of the Women’s Federation of Wuhou District said: After the incident, the Women’s Federation of Wuhou District paid attention to the situation of Ms. Xie, visited Ms. Xie, and carried out care of care.At present, it is learned that Ms. Xie has contacted the lawyer to defend the rights. Ms. Xie needs it in the future. The Women’s Federation will also help. "At present, the public security organs are investigating the case and obtaining evidence, and the Women’s Federation will follow up at any time."

First of all, it is clear that family violence is not a simple housework, but an illegal act that violates the right to personal life and health.Every citizen who suffers from domestic violence needs to fight the courage to protect their legitimate rights and interests.In the family environment, the law is not "helpless", and we can still pick up legal weapons to protect ourselves.For example, in this case, the partner Ms. Xie applied to the court while deciding to file a divorce lawsuit.

I believe many people don’t know much about the personal safety protection order.Personal security protection order is a civil compulsory measure. It is a civil ruling made by the people’s court to protect the personal safety of domestic violence and their children and specific relatives, and ensure the normal progress of the proceedings of marriage cases.It is stipulated in the "Anti -Family Violence Law", and some of the terms are as follows:

"Anti -Family Violence Law of the People’s Republic of China"

Article 23 If a parties apply for a personal safety protection order from the people’s court due to the actual danger of family violence or facing domestic violence, the people’s court shall accept it.

If the parties have no capacity for civil behavior, people who restrict civil behavior, or cannot apply for a personal safety protection order due to force and intimidation, their close relatives, public security organs, women’s federations, resident committees, villagers’ committees, rescue management institutions, rescue management agenciesCan apply for.

Article 24 The personal safety protection order of the application shall be proposed in writing; if the written application is difficult, it shall be applied verbally and will be recorded by the people’s court.

Article 25 The case of the personal safety protection order shall be under the jurisdiction of the grass -roots people’s court where the applicant or the applicant’s place of residence and the place of domestic violence.

Article 27 The personal safety protection order shall have the following conditions:

(1) There are clear respondents;

(2) There are specific requests;

(3) There are situations that suffer domestic violence or face the danger of family violence.

Article 29 Personal safety protection order may include the following measures:

(1) Forbidden the respondent from the implementation of domestic violence;

(2) It is forbidden to harass, track, contact the applicant and its related relatives;

(3) Order the respondent to move out of the applicant’s residence;

(4) Other measures to protect the personal safety of applicants.

According to the above provisions on the personal safety protection order, I hope that the victims can save evidence (such as disabled photos and diagnostic medical records, etc.) after suffering domestic violence), and actively seek assistance from the street neighborhood committee or the Women’s Federation."No", responsible for your life and health.

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Whether the perpetrators in domestic violence can be sentenced must determine whether it meets the constituent elements of crime based on the specific cases.Because family atrocities occur between family members, it is very likely to violate the claims of the crime of abuse in the Criminal Law.

"criminal law"

Article 260 [Crime of abuse] The abuse of family members, if the circumstances are harsh, will be sentenced to imprisonment, detention or control of less than two years.

The crime of committing the previous paragraph caused the victim to be seriously injured and died.

The first crime was dealt with, but the victim was unable to tell, or except for being forced or intimidated.

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The marriage and family are protected by the country. Article 1042 of the Civil Code of the Civil Civil Class clearly stipulates that "prohibit family violence. Forbidden abuse and abandonment among family members"; and family violence can also become a court judgment for divorce.conditions of.

Article 109 If a husband and wife ask for divorce, the relevant organization may mediate or file a divorce lawsuit directly to the people’s court.

The people’s courts should be mediate; if the relationship is indeed broken and the mediation is invalid, divorce shall be allowed.

If one of the following situations, if the mediation is invalid, the divorce shall be allowed:

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(2) Implementing family violence or abuse or abandon family members;

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After the people’s court was judged that the divorce was not allowed, the two sides were separated for another year. If one of them filed a divorce lawsuit again, the divorce shall be allowed.

While the victims filed a divorce lawsuit, they could also claim to compensate for divorce damage based on the fault of the violence.

Article 1091 has one of the following situations, which leads to divorce, and there is no faulty party to request damage compensation:

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(3) Implement home violence;

(4) Abuse and abandon family members;

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In addition, while proposing a divorce, the victim can also request damage compensation for the other party’s implementation of home violence (including material damage compensation and mental damage compensation).

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Family violence is not an indescribable privacy, but the infringement prohibited by the law. The once tolerance will only be exchanged for intensified violence and cause damage to their own health.Marriage is not a shackles with blood. I hope that every domestic violence victim can actively retain strong evidence and defend their legitimate rights and interests.

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“””Family violence””Anti -family violence law””What is personal safety protection order”

(Author: Wang Yanyi Working Unit: Wang Beibei Lawyer Team of Beijing Yingke Law Firm)

系 Original 丨 This article is the headline of the team "Graphic Original" article, which is the first headline platform.Unauthorized, reprinted.The like is virtue, adding attention@点 点 is the biggest encouragement to the author

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