Perspective | Deconstructing 10 Real Cases of Domestic Violence! 5 Key Legal Points + A Guide to Protecting Your Rights—Helping You Stay Safe from Harm
Published:
2025-11-24
In reality, many victims of domestic violence find themselves in a desperate situation—“with nowhere to turn”—because they are ashamed of their family’s private troubles, lack awareness of legal boundaries, don’t know how to gather evidence, or are uncertain about the proper channels for seeking redress. Drawing on ten landmark cases of domestic violence prevention published by the Supreme People’s Court, this article breaks down legal knowledge and practical advice from five key perspectives. Backed by real-life case examples and offering concrete, actionable strategies for safeguarding your safety and rights, it’s designed to help you protect yourself precisely and effectively!
In reality, many victims of domestic violence find themselves in a desperate situation—“with nowhere to turn”—because they feel ashamed of their family’s private troubles, lack awareness of legal boundaries, are unfamiliar with evidence-gathering techniques, or don’t know the proper channels for seeking redress. Drawing on ten landmark cases of domestic violence prevention published by the Supreme People’s Court, this article dissects legal knowledge and practical advice from five key perspectives. Backed by real-life cases and offering actionable strategies for safeguarding your rights, it will help you precisely protect your safety and合法权益!
I. The scope of domestic violence: It’s not just physical assaults with fists—these behaviors also count as domestic violence!
Many people mistakenly believe that domestic violence involves only physical assault. However, as shown by typical cases, the legal definition of domestic violence far exceeds most people’s common perception. As long as an act is intended to control or harm others, any behavior that infringes upon their rights and interests could constitute domestic violence—including the following behaviors:
1. Physical violence: Acts of direct physical harm, such as punching and kicking, whipping with belts, dousing with cold water, and forcing one to kneel while enduring cold and hunger—even if they result in only minor injuries each time—may still be deemed punishable.
2. Psychological violence: Behaviors that cause psychological trauma—such as verbal abuse, intimidation, threats, invasion of privacy, and prolonged emotional coldness—particularly “using the disclosure of private information as a means of coercion,” have been explicitly included within the scope of domestic violence.
3. Violence in Special Scenarios: Violence between cohabiting partners and former spouses—even after the relationship has ended—still falls under the scope of domestic violence regulations if the other party engages in threats, harassment, stalking, or other similar behaviors.
4. Extended Scenarios: “Disciplinary” corporal punishment inflicted on minor children and harassment or threats directed at close relatives of the victim both constitute domestic violence-related harmful acts.
II. Judicial Rules on Domestic Violence: The Five Core Criteria for Courts to Recognize Domestic Violence
Judging from the reasoning behind the 10 typical cases, courts have established clear criteria for determining domestic violence and related liabilities. By focusing on these key points, you can pinpoint the right direction for safeguarding your rights.
1. Domestic violence ≠ family dispute: Long-term, unilateral, controlling violence does not constitute “domestic disputes” and cannot serve as a mitigating factor for the perpetrator. Even if the perpetrator’s alcoholism has resulted in limited criminal responsibility, they still bear full responsibility. In cases where the domestic violence committed by the perpetrator is particularly severe, they could very well face enhanced penalties.
2. Women who have been subjected to violence may receive a lighter sentence if they respond to violence with violence: If a victim, unable to endure prolonged domestic violence any longer, fights back and kills the abuser, the court, depending on the specific circumstances of the case, may determine that the homicide constitutes “relatively minor circumstances” and impose a significantly lighter sentence.
3. Self-defense has clear boundaries: To stop ongoing domestic violence—including, but not limited to, protecting children from harm—taking necessary measures to counterattack, provided such measures do not exceed the necessary limits, may be recognized as legitimate self-defense and will not incur criminal liability.
4. Still protected by law even after cohabitation or divorce: Even after a cohabiting relationship ends or a marriage is divorced, one can still file a petition if the other party engages in threats, harassment, stalking, or other similar behaviors. Personal Safety Protection Order 。
5. The perpetrator of violence should not directly raise the child: Whether domestic violence is directly targeted at the children or not, as long as one parent commits domestic violence, courts generally do not grant the abusive parent direct custody of minor children in order to prevent the intergenerational transmission of domestic violence.
III. Burden of Proof in Domestic Violence Cases: These pieces of evidence can help you win your case—remember these collection techniques!
At the heart of domestic violence rights protection lies the principle that “evidence is king.” As illustrated by typical cases, the following types of evidence can effectively support your claims. Mastering the techniques for gathering such evidence can double your chances of success in seeking justice. (Just a quick note: when collecting evidence, we must overcome the deeply ingrained belief that “family secrets should not be aired publicly.” Instead, we should strive to “bring family secrets into the open” so as to effectively secure and preserve the evidence.)
1. List of Core Evidence
① Alarm records + police documents: The police report receipt and the “Domestic Violence Warning Letter”—even if no formal case has been filed—can still serve as crucial evidence in police records.
② Medical and injury evidence: Medical records, diagnostic certificates, injury assessments, and photographs of the injuries—such as “multiple soft tissue contusions all over the body”—can also serve as evidence to substantiate the fact of domestic violence.
③ Electronic and Physical Evidence: WeChat/SMS threat records, screenshots of privacy violations, tools used in assaults (such as fruit knives and belts in typical cases), orders for offensive items purchased online, and surveillance footage from stairwells, etc.
④ Witness testimony: Testimonies from neighbors, family and friends, community workers, and even reasonable statements made by minor children, as well as apologies from the perpetrator, can all form a chain of evidence.
2. Key Techniques for Presenting Evidence
① Lower the standard of proof: In domestic violence protection order cases, it is sufficient to prove “a substantial likelihood of an actual risk of domestic violence”; there is no need to meet the standard of “high probability” (i.e., evidence showing that domestic violence is highly likely to have occurred—although 100% certainty cannot be established, the existing evidence is sufficient to convince the judge that the fact of domestic violence has been established).
② Chain of evidence takes precedence: A single piece of evidence carries relatively weak weight and requires combined proof (such as police report + medical records + photos of injuries). When these pieces of evidence corroborate each other, they are more likely to be accepted.
③ The court may collect evidence on its own initiative: If the victim finds it difficult to provide evidence, the court may proactively obtain evidence such as police records and hospital files.
IV. Risk Prevention Recommendations: A Full-Process Approach—Preventive Measures Beforehand + Self-Protection During the Event + Rights Protection Afterward
Drawing on successful rights-defense experiences from typical cases, this end-to-end guide will help you mitigate risks and efficiently limit losses:
1. Preemptive prevention
① Keep the phone numbers of emergency contacts, local shelters, and legal aid centers handy, and plan your evacuation route in advance.
② For special relationships such as cohabitation or divorce, learn in advance about the channels for applying for a personal safety protection order.
2. Self-protection during the process
① When encountering violence, prioritize your personal safety, avoid direct confrontation, and immediately dial 110 to call the police.
② Seek medical attention promptly and keep a complete record of your medical treatment. Unless absolutely necessary, do not attempt to treat your injury on your own. Take photos and videos of your injury as soon as possible.
3. Post-event rights protection
① Apply for a protective order within 24 hours: Through “ Protect the law, ensure family peace. These online platforms enable the entire process—from application and review to delivery—to be completed within 24 hours, with the fastest possible effect occurring on the same day.
② Divorce rights protection: Domestic violence is a legally recognized ground for divorce; even in the first-ever divorce lawsuit, the court may grant a divorce. At the same time, the victim has the right to claim compensation for damages.
③ Special protection: Can be applied for during the trial. Isolated trial Accompanied by a lawyer or social worker to avoid direct contact with the abuser; if the child has suffered psychological trauma, an application can be made to the court to initiate [proceedings]. Psychological intervention program 。
V. Applicable Laws and Regulations: The “magic sword” for protecting your rights—memorize these provisions!
There is a clear legal basis for protecting victims of domestic violence. Combined with typical cases, the following laws and provisions are central to their application:
1. The Anti-Domestic Violence Law: Define the scope of domestic violence (including psychological violence and violence in cohabiting relationships), clarify the application and enforcement procedures for personal safety protection orders, and stipulate that violations of such orders may result in detention penalties.
2. The Civil Code: Domestic violence is a statutory ground for divorce when “the marital relationship has indeed broken down.” In property division, priority is given to the victimized party, and the victimized party has the right to claim compensation for damages caused by domestic violence.
3. Criminal Law: Long-term domestic violence resulting in injuries classified as "minor injury or above" may constitute the crime of intentional injury. In cases of intentional homicide, if a battered woman responds to violence with violence herself, her actions may be deemed to involve "relatively minor circumstances." Self-inflicted behaviors such as alcoholism or drug addiction do not exempt individuals from criminal liability.
4. Judicial Interpretation: The “Opinions on the Legal Handling of Domestic Violence Criminal Cases” clearly defines the adjudication rules for domestic violence cases, the criteria for determining legitimate self-defense, and the rules for admitting expert witness testimony.
If you’re experiencing domestic violence or facing related risks, simply having knowledge isn’t enough—professional guidance can help you navigate the维权 process more efficiently and avoid unnecessary detours. We understand both psychology and the law. In your fight against domestic violence, we can precisely organize evidence, clearly articulate your legal demands, and help you assert your rights with strength and conviction. At the same time, we’ll provide emotional support, build your psychological resilience, and offer comprehensive assistance to help you effectively escape your predicament and rebuild your life!
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
