Every November 25 is the International Day against Domestic Violence established by the United Nations. Domestic violence can be an international topic since the domestic violence is not far from our lives. As of the implementation of China's anti-domestic violence law, up to now, according to the statistics of China Judicial Documents Network, there are more than 100,000 judgments concerning domestic violence. Because of the long-term influence of the traditional idea that men are superior to women in the old society, many people believe that the victims of domestic violence are often  the disadvantaged women. In fact, men also become victims of domestic violence.

    Case brief:

    At the end of October 2017, Ms. He of Changzhou, Jiangsu Province, intentionally drove her husband, Mr. Zhu, into the ground, causing many bleeding and fracture of Mr. Zhu's body. According to Mr. Zhu, in her married life of more than ten years, Ms. He always escalated into a fight with her, and even hurt Mr. Zhu by more violent means, such as hitting his head with a bottle, stabbing his chest with a knife and throwing a cutting board at him from high altitude. Mr. Zhu has always believed that family ugliness can not be publicized, even if tolerance, but the tolerance did not exchange for a harmonious family life. Until May 2018, a court in Changzhou, Jiangsu Province, sentenced Ms. He to fixed-term imprisonment for deliberately driving and injuring Mr. Zhu. Accordingly, Mr. Zhu and Ms. He dissolved their marriage.

The problem of domestic violence has gradually stepped out of the ‘family’ of the past into the public's vision and gained the attention of public opinion, which is a major step in the social opposition to domestic violence.

1.Reasons for Silence of Domestic Violence Victims and Protection Measures

Whether male or female family members, physical and mental violations committed by beating, binding, maiming, restricting personal freedom and frequent abuse and intimidation are domestic violence. Family violence is faced with three difficulties, i.e., difficult to find, difficult to obtain evidence and difficult to enforce the law. Victims of domestic violence often choose silence for various reasons, such as love, children, economic ability, mental stress, ego and so on, and choose to forgive the perpetrators time and again.

(1)To apply for an order of habeas corpus.

Victims may apply to the court for a 15-day or even 12-month period of protection before, during or within six months after the filing of divorce proceedings. If the perpetrator continues to harm the victim in violation of the order of habeas corpus, the perpetrator will bear the corresponding criminal responsibility.

(2)Collect evidence to identify domestic violence

Such as the police record, injury photos, hospital injury reports, witnesses, testimony, warning letters issued by police office and telephone recordings, short messages, chat records with intimidating content of the perpetrators.

Second,Legal liability of perpetrators of domestic violence

First, they should bear administrative responsibility, warning, punishment and even detention of the perpetrators of domestic violence in accordance with public security regulations; second, they should bear criminal responsibility, which may be suspected of violent interference in freedom of marriage, abuse, intentional injury, intentional homicide, insult and other criminal charges; third, civil damages, if the victim's physical injury is caused by domestic violence, he shall responsible for his material loss. Moreover, if divorce is caused by domestic violence, the party without fault has both the right to claim damages for his material loss and the right to claim compensation for his spiritual loss.

There are only 0 and countless domestic violence sort. Whether you are a male or a female family member, please don't be silent when you suffer from domestic violence. The Anti-Domestic Violence Law of the People's Republic of China protects every victim of domestic violence, not only family members, but also violence in love and cohabitation relationships, which is subject to legal restrictions.