1. Definition of domestic violence
Domestic violence refers to the physical and mental aggression between family members by beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation. If it has a serious impact on the lives of victims of domestic violence, the offender may be required to bear civil liability according to law, or the public security organ may be required to impose administrative penalties on public security according to law. Those who have serious fault liability such as abuse or abandonment of the offender shall also bear civil liability for compensation. The people's court shall accept the lawsuit of personal safety protection order brought by the victim to the people's court because of domestic violence or the real danger of domestic violence.
2. Domestic violence and its identification
This law stipulates four forms of domestic violence: first, physical violence, that is, beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation; Second, mental violence, that is, frequent abuse, intimidation and other mental control; The third is physical violence, that is, frequent beatings, physical mutilation and mind control; Fourth, sexual violence, that is, often belittling his wife and other sexual partners. In addition, the law also provides for other forms of domestic violence. Among them, Article 42 stipulates that "violence between people other than family members living together" belongs to domestic violence. People who live with other family members: refers to the violent acts committed by other people who live with other parents and children. "At the same time, it is also clear that the violence cases in our country involve a wide range of people. This law does not define all personnel separately, and it needs to be based on the actual situation.
3. "Anti-domestic violence" administrative intervention measures
Article 5 of the Anti-Domestic Violence Law stipulates that relevant organizations and individuals should give necessary help and protection to victims of domestic violence, call the police at 1 10 in time and apply to the people's court for a personal safety protection order. The victim, his legal representative and his near relatives may report the case to the public security organ or bring a lawsuit to the people's court. After receiving the report, the public security organ shall call the police in time to stop domestic violence; For victims of domestic violence with serious injuries, they should be sent to medical institutions for treatment in time to prevent further deterioration of the injuries. After receiving the report, the public security organ shall promptly send police to stop domestic violence; For victims of domestic violence, the public security organs may grant asylum or assistance according to relevant regulations; If the victim is unwilling to accept asylum or assistance, he may request the relevant organizations and individuals to issue certificates and apply for temporary asylum or assistance on his behalf.
4. Identification of domestic violence
Family members mentioned in this Law include both husband and wife.
5. A person with no capacity for civil conduct or with limited capacity for civil conduct may apply to the court for a personal safety protection order after being subjected to violence.
The protection order includes prohibiting the respondent from committing domestic violence; Measures to protect the personal safety and property safety of the applicant. If the applicant violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be reprimanded by the people's court, and may be fined not more than 1,000 yuan or detained for not more than 15 days according to the seriousness of the case; Those who violate the administration of public security shall be punished according to law. The people's court shall make a ruling within 15 days from the date of receiving the application, and the execution of the ruling may change the party concerned into a person without civil capacity or a person with limited civil capacity; Before the ruling is served, the application executor shall serve a copy of the ruling on the applicant, except for a written application. The people's court shall promptly examine the application for revocation or change.