Viewpoint | Who is in charge of my territory-bravely say no to domestic violence
Published:
2021-04-08
Foreword
Home is a place that combines true feelings, true love and beauty in the world. It is full of expectations and dreams, and carries struggle and passion. However, there are always some people who will destroy this harmony, try the law by example, and throw their fists at their wives if they don't agree with each other. If the husband has the first domestic violence, I advise female friends to make their own decisions in their own territory, don't believe the lie that the husband will not start work in the future, and end of the marriage as soon, otherwise, you will not be able to walk out of the shadow of domestic violence for the rest of your life. When two people are together, they don't even have the minimum respect, so there is no possibility to continue. Don't use divorce as an excuse to hurt children, because domestic violence is more harmful to children than divorce. Maybe his resentment is directed at himself, but he uses his dissatisfaction with himself in the form of violence on the woman, but this kind of violence is like a time bomb, which makes people caught off guard. Don't let it be.
Basic case
The man and woman met in early 2009 and established a romantic relationship. They registered their marriage at the Civil Affairs Bureau of Licheng District, Jinan City on June 6, 2009. After marriage, they gave birth to a boy on October 8, 2013. The two sides during the love and early marriage feelings are very good. After the birth of the child, the two parties moved to the home of the woman's parents to take care of the child, taking into account the convenience of the woman's parents. Living for a long time, inevitably conflicts. In a quarrel, because the man had not quarreled with the woman, he beat the woman with his fist, causing the woman to have a nasal bone fracture. After that, the woman called the police and was hospitalized. Perhaps it was because it was not easy to brake, perhaps it was because the man felt depressed in the woman's home and wanted to vent. Later, the man fought against the woman many times. The woman entrusted the author to represent her divorce proceedings. The author believes that the implementation of domestic violence or abuse, abandonment of family members is a legal reason for divorce in court. Domestic violence and abuse refer to the physical and mental harm, destruction and torture of family members by means of beating, binding, physical mutilation, confinement, freezing and starvation, humiliation, mental intimidation, sexual violence and other means. Specific to this case, the man beat the woman many times and caused the woman's nasal bone fracture. Because the man's domestic violence has become frequent and continuous, which has seriously hurt the feelings of husband and wife, the people's court should find out the facts and circumstances of the man's violent behavior according to law, and the divorce should be granted. Later, the case was settled by mediation under the auspices of the court.
Article Link
(1) the People's Republic of China Civil Code
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit in a people's court.
In handling divorce cases, the people's court shall conduct mediation; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted.
Divorce shall be granted if mediation fails under any of the following circumstances:
(I) bigamy or cohabitation with another person;
(II) domestic violence or abuse or abandonment of family members;
(III) gambling, drug abuse and other bad habits do not change;
(IV) have been separated for two years due to emotional discord;
(V) other situations that lead to the breakdown of a couple's relationship.
If one party is declared missing and the other party files divorce proceedings, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and one party files divorce proceedings again, the divorce shall be granted.
Domestic Violence Act the People's Republic of China
Article 2 The term "domestic violence" as mentioned in this Law refers to the physical and mental violations committed by family members by means of beating, binding, mutilating, restricting personal freedom, and frequent verbal abuse and intimidation.
Article 3 Family members shall help each other, love each other, live in harmony and fulfill family obligations.
Anti-domestic violence is the common responsibility of the state, society and every family.
The State prohibits any form of domestic violence.
Lawyer Advice
When encountering domestic violence, the majority of female friends should bravely stand up and say no, strive to make their own decisions on their own territory, and learn to take up legal weapons to protect themselves. At the same time, we should dare to say no to the doting of our parents, because parents spoil their children, they will interfere with their children's marriage, but the so-called love has become a kind of ignorant harm, affecting their children's marriage. Many marriages come to the end of marriage due to the "mixing" of parents, and the contradiction between two people has evolved into the contradiction between two families. Because the vast majority of parents prefer their children and consider problems from the standpoint of their children, it is often the parents' selfishness that causes each other's dissatisfaction. Here, I would like to remind the parents who have seen this article that happiness should be returned to its original position. The best love parents give their children is to ensure their children's independent life and give them as much help as they can when necessary, instead of giving them the love they should give their spouses. Many fathers or mothers do not love their spouses, but transfer the love of husband and wife to their children, and some even want to have complete control over their children's feelings after marriage. After a child gets married, he often regards the spouse of the child as the enemy of her child and cannot see the love between the child and the husband. Feeling neglected, eager to see children and spouses quarrel, even divorce, and then act as a winner. When children accept their parents' "instigation" and stand on their parents' position, this parent-child relationship seems to be back in the past, and parents are very pleased. The author believes that when you get married and start a family, both parties must cooperate with each other. If you are good at housework, you will pay more. If she is good at financial management, she will do more. It is best not to let both parents interfere in the affairs of small families on the grounds of helping with housework, because it is not necessarily that some parents love their children in the right way, and it is not necessarily that some parents want their children's marriage from the "subconscious". happy. A person in the family of origin to develop the habit, is by a kind of inertia in the rotation. Want to get rid of this kind of family of origin bad influence needs self-awakening and great break-free power. Good marriage, two people are happy independent individuals, together, go through life.
The relationship between parents and children is like what Long Yingtai said in "Watching": I slowly and slowly learned about the so-called father-daughter mother-son scene, which only means that the fate between you and him is to continue to watch this life. His back is drifting away. You stand at this end of the path and watch him gradually disappear where the path turns, and he tells you from his back: there is no need to chase.
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