Because of the strong concealment of this kind of domestic violence, outsiders seldom know that even the parties may not realize that they are the perpetrators of this kind of domestic violence. In addition, domestic violence is not only between husband and wife, but also between other family members.
Case 1: his wife only gives 1000 yuan of pocket money every month, and he is depressed
Zhang Liang, a citizen of Weihai, Shandong Province, married his wife for two years and had a baby last year. At this time, his wife asked Zhang Liang to hand in his salary card, because he usually spends a lot of money. After the birth of the child, the money must be large, and his wife was worried that she could not make ends meet. After handing in the salary card, the wife gives Zhang Liang 1000 yuan of pocket money every month. Before long, Zhang Liang realized the feeling of "no money in hand, panic in heart".
He also went out to eat with his friends, buy a game card and a cigarette from time to time, as before. As a result, over half a month, 1000 yuan was spent. He reached out to his wife for money, and was scolded by his wife for neglecting his family. Zhang Liang is very depressed and thinks that his wife is committing domestic violence against him. For this reason, he and his wife quarreled several times. They often fell into a cold war, and the relationship between husband and wife became less harmonious.
The lawyer said: confiscate the salary card to control the husband's domestic violence
Zhang Liang's mode of getting along with his wife is quite common in life. Is it considered domestic violence?
According to Su cunye, a lawyer from Weihai, giving her husband pocket money every month is not a domestic violence in itself, and the economic management of each family is different. If we want to rise to the level of domestic violence, we need to see the impact of this way on the husband. Some husbands spend very little money. They don't need to spend money to go to work or eat, and they don't have any other consumption. They may not be able to spend 500 yuan a month in Weihai. So it's not domestic violence to confiscate the pocket money limited by the wage card.
If, like Zhang Liang, his wife confiscates his salary card and restricts consumption, which has an impact on his life, Zhang Liang will obviously feel that he is under control, and the relationship between husband and wife will be affected as a result, which is called domestic violence.
Case 2: ignore his wife and children and make 'wooden man' at home
Not long ago, Wang Fang (pseudonym) divorced her husband Liu Qiang (pseudonym) by a court decision. In fact, there is no sharp contradiction between them. In Wang Fang's words, she can't stand her husband's indifference to her all the year round, to her children's indifference, and to her family's irresponsibility.
Before marriage, Liu Qiang worked in other places and had a first love girlfriend who got along well. But at the strong request of his parents, he broke up with his girlfriend and went back to Weihai. He was introduced to marry Wang Fang. Wang Fang's family is very good. After marriage, Liu Qiang started a business with his wife's family, but the business has been tepid. Liu Qiang always feels like a son-in-law who is a little bit depressed. In addition, Liu Qiang has always been unforgettable about his first love. In his life, he seldom cares about his wife, does not communicate with his wife, and often sleeps in separate rooms with his wife. After having children, they are not interested in their education. Liu Qiang's cold domestic violence against his wife finally crushed the marriage.
Lawyer said: many domestic violence incentives are husband and wife do not communicate
'learning to communicate is the key to a happy family. 'as for Wang Fang's encounter, Su cunye explained that there is no completely innocent party in the marriage issue. The inducement of many domestic violence often lies in the poor communication between the two sides, and language communication is the most important way of communication. If the husband and wife keep silent and do not communicate, over time, the estrangement becomes more and more serious, and finally rises to the cold domestic violence that is difficult to reconcile, it will lead to the breakdown of the husband and wife relationship.
At the same time, from the legal level, if one party intimidates the other party spiritually, resulting in the fear of the other party, the act constitutes mental violence, and the injured party has the right to demand compensation for mental damage from the perpetrator. If both husband and wife are divorced due to domestic violence, the injured party shall have the right to claim compensation for mental damage from the perpetrator.
Case 3: order for the protection of the life of a son-in-law and his mother-in-law
This year, Mr. Yang, a citizen of Guangzhou, applied to Tianhe District Court for a writ of habeas corpus. The respondent was his mother-in-law. Mr. Yang and his wife began to live apart in the sixth year after their marriage. The conflict between them made the relationship between their son-in-law and their mother-in-law worsen.
Mr. Yang submitted the police receipt, the decision of administrative penalty issued by the police station, medical records, charging documents, forensic clinical appraisal opinions and other evidence materials, proving that he was injured by glass bottle on the head, multiple soft tissue wounds on the head and face, and slight eye contusion. Mr. Yang applied to the court to rule that his mother-in-law moved to the house where she appeared, and prohibited beating, threatening him and contacting two children.
The judge held that the evidence was sufficient to prove the fact that Mr. Yang suffered domestic violence, so he supported Mr. Yang's application. The judge verified that Mr. Yang's mother-in-law now lives with his daughter. Mr. Yang and his wife are in divorce proceedings, and now they are separated. Therefore, the mother-in-law lives in the existing residence, which will not cause direct personal injury to Mr. Yang, and the house belongs to the common property that the two couples need to deal with in divorce proceedings It is not reasonable and necessary for Mr. A to apply for his mother-in-law to move out of his residence, and the judge will not support it. Moreover, Mr. Yang did not provide evidence of domestic violence against the two grandsons by his mother-in-law. The mother-in-law was forbidden to contact the grandsons, which lacked the factual basis and the judge did not support it.
On the 11th day after the judge's ruling, the mother-in-law also filed an application to the court for a personal safety protection order, which prohibits the son-in-law from harassing, abusing, beating and threatening himself and his family in his or her residence and other places. In order to avoid the two sides continuing to hurt each other, the judge supported the mother-in-law's request to prohibit her son-in-law from threatening or beating her. However, the mother-in-law didn't provide evidence about the son-in-law's family violence, so the judge did not support his application to prohibit the son-in-law from beating or threatening his family.
According to the judge, domestic violence does not only exist between husband and wife
Liang Xiasheng, President of the juvenile family division of Tianhe District Court in Guangzhou, said that the domestic violence defined in the anti domestic violence law of China not only exists between husband and wife, but also among other family members. Even if the relationship between family members is not a conjugal relationship, victims of domestic violence can apply to the court for a personal safety protection order.
Liang Xiasheng suggested that the parties must have evidence consciousness if they want to obtain a legal and effective personal safety protection order successfully. After suffering from domestic violence, we should fix and collect evidence in time. In court, applicants must produce strong evidence that they have been subjected to domestic violence. Only in this way can a judge make a legally effective personal safety protection order for the applicant.