How to collect evidence of domestic violence?Here comes the ACWF guide!


Family is the cell of society and the foundation of constructing harmonious society.However, the existence of domestic violence, seriously damage the physical and mental health of family members, destroy the harmony of the family, become an important factor affecting social stability.Come into force on March 1, 2016’s “anti-family violence law of the People’s Republic of China (hereinafter referred to as the” anti-family violence law “) stipulates clearly the national ban on any form of domestic violence, public power to deal with domestic violence intervention, and created the family violence warned, personal safety protection, emergency shelter, and other important legal system.Since its implementation six years ago, the law has played an important role in effectively preventing and stopping domestic violence and protecting the legitimate rights and interests of family members.However, in real life, because the victims of domestic violence lack the awareness to save and collect evidence of domestic violence, many domestic violence violations are not dealt with and investigated timely and effectively, resulting in more serious consequences.The important reason is that in many cases, the victim does not know what can be used as evidence, nor do they know how to collect evidence, nor do they know the use of collecting evidence.On March 1, 2016, the Anti-Domestic Violence Law was officially implemented, stipulating that physical and mental acts committed by family members through beatings, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation constitute domestic violence.According to Article 20 of the Anti-Domestic Violence Law, evidence plays an important role in proving the fact or present danger of domestic violence.In order to help and guide victims of domestic violence to enhance their awareness, improve their ability, and effectively collect and fix evidence of domestic violence, the Rights and Interests Department of the All-China Women’s Federation compiled guidelines for Evidence Collection of Victims of Domestic Violence on the basis of summarizing experience of cases related to domestic violence.The following is a summary of the relevant key points in the collection of evidence for victims of domestic violence: evidence that proves the fact of domestic violence 01 Public security organs police records, warnings, injuries appraisal opinions and other public security organs police after the production of the victim’s interrogation records, the perpetrators of the interrogation records, the police receipt.A warning issued by a public security organ to the offender or victim.A copy of the written decision sent to the victim after the public security organ has made a decision on punishment for public security administration according to law.The report issued by the public security organ after the injury appraisal of the victim.02 Village (neighborhood) people’s committee, women’s federation, anti-domestic violence social organizations, both sides of the employing units and other institutions for help reception records, mediation records, if the victims have complained to the above institutions, can apply for access to detailed records, can also apply to the court for complaint records.03 Medical records, bills for diagnosis and treatment when seeking medical treatment due to domestic violence, keep medical records and bills for diagnosis and treatment.Audio and video recording of domestic violence perpetrated by the offender On the condition that personal safety is guaranteed, the process of domestic violence perpetrated by the offender may be recorded or video recorded.If the injurer shows signs of repentance, the injurer may be required to write a guarantee and sign his name and date.Witnesses’ testimony, minor children’s testimony Neighbors, colleagues, minor children, etc. who witnessed or heard the occurrence of domestic violence are invited to testify.08 Victim’s Statement Self description of domestic violence.Article 23 of the Anti-Domestic Violence Law stipulates that the people’s court shall accept an application for a writ of protection of personal safety filed by a party who has suffered domestic violence or is facing the real danger of domestic violence.If the perpetrator threatens or intimidates the victim by telephone, short message, wechat, QQ chat records or E-mail, the victim may back up and save such evidence by recording or taking screen shots, etc. If conditions permit, electronic evidence may be extracted through the notary office.Full Text of anti-Domestic Violence Law Chapter I General Provisions Article 1 This Law is formulated for the purpose of preventing and stopping domestic violence, protecting the lawful rights and interests of family members, maintaining equal, harmonious and civilized family relations, and promoting family harmony and social stability.Article 2 “Domestic violence” as used in this Law refers to physical or mental infringement committed by family members by means of beating, binding, mutilation, restriction of personal freedom and constant abuse and intimidation.Article 3 Family members shall help and care for each other, live together in harmony and fulfil their family obligations.Anti-domestic violence is the common responsibility of the country, society and every family.The state forbids any form of domestic violence.Article 4 The agencies in charge of work for women and children of the people’s governments at or above the county level shall be responsible for organizing, coordinating, guiding and supervising relevant departments to do a good job in the anti-domestic violence work.The relevant departments of the people’s governments at or above the county level, judicial organs, people’s organizations, social organizations, neighborhood committees, villagers’ committees, enterprises and institutions shall, in accordance with this Law and the provisions of relevant laws, do a good job in combating domestic violence.People’s governments at all levels shall provide necessary financial guarantee for the anti-domestic violence work.Article 5 The anti-domestic violence work shall follow the principle of giving priority to prevention and combining education, correction and punishment.The anti-domestic violence work should respect the true wishes of the victims and protect the privacy of the victims.Special protection shall be given to minors, the elderly, the disabled, pregnant and lactating women and seriously ill patients who are victims of domestic violence.Chapter II Prevention of Domestic Violence Article 6 The State shall carry out publicity and education on family virtues, popularize knowledge of anti-domestic violence and enhance citizens’ awareness of anti-domestic violence.Trade unions, communist Youth Leagues, women’s federations and disabled persons’ federations shall, within the scope of their respective work, organize and carry out publicity and education on family virtues and anti-domestic violence.Publicity of family virtues and anti-domestic violence shall be carried out by radio, TELEVISION, newspapers, magazines and the Internet.Schools and kindergartens shall carry out education on family virtues and anti-domestic violence.Article 7 Relevant departments of the people’s governments at or above the county level, judicial organs and women’s federations shall incorporate the prevention and suppression of domestic violence into professional training and statistical work.Medical institutions should keep medical records of victims of domestic violence.Article 8 The township people’s governments and sub-district offices shall organize and carry out the work of domestic violence prevention, and the neighborhood committees, villagers’ committees and social work service agencies shall provide cooperation and assistance.Article 9 People’s governments at all levels shall support social work service institutions and other social organizations in providing services such as mental health consultation, family relationship guidance and knowledge education on the prevention of domestic violence.Article 10 People’s mediation organizations shall mediate family disputes according to law to prevent and reduce the occurrence of family violence.Article 11 Where an employing unit discovers domestic violence among its own personnel, it shall criticize and educate them, and do a good job in mediating and resolving family conflicts.Article 12 Guardians of minors shall conduct family education in a civilized manner, perform their duties of guardianship and education according to law, and may not commit family violence.Chapter III Disposition of Domestic Violence Article 13 The victim of domestic violence, his legal representative and his near relatives may make a complaint, report to or seek help from the unit to which the perpetrator or the victim belongs, the neighborhood committee, the villagers committee, the women’s federation and other units.After receiving complaints, reports or requests for help about domestic violence, the relevant units shall provide assistance and deal with them.The victims of domestic violence and their legal representatives and close relatives may also report to the public security organ or file a lawsuit in a people’s court according to law.Any unit or individual that discovers an act of domestic violence is occurring shall have the right to stop it in time.Article 14 schools, kindergartens, medical institutions, residents’ committee or villagers’ committee, social work services, rescue management institutions, welfare institutions and their staff found in the work without civil capacity or with limited capacity for civil conduct people suffer or is suspected of suffering from domestic violence, it shall timely report to the public security organ.The public security organ shall keep confidential the information of the informant.Article 15 After receiving a report of domestic violence, the public security organ shall send police promptly to stop the domestic violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim to seek medical treatment and identify injuries.If a person without or with limited capacity for civil conduct suffers serious physical injury, personal safety threat or is in a dangerous state such as unattended due to domestic violence, the public security organ shall notify and assist the Civil Affairs Department to relocate the person to a temporary shelter, relief and management institution or welfare institution.Article 16 If the circumstances of domestic violence are relatively minor and the offender is not given administrative punishment for public security according to law, the public security organ shall give criticism and education to the offender or issue a warning.The warning letter shall include the identity information of the perpetrator, the statement of facts about the domestic violence, and the prohibition of the perpetrator from committing the domestic violence, etc.Article 17 The public security organ shall hand over a warning to the offender or victim and notify the neighborhood or villagers committee.The residents’ committee, villagers’ committee and public security police station shall make an investigation and visit to the offender or victim who has received the warning letter, and supervise the offender to stop committing domestic violence.Article 18 People’s governments at the county level or at the city divided into districts may, independently or relying on relief and management agencies, set up temporary shelters to provide temporary living assistance to victims of domestic violence.Article 19 Legal aid agencies shall provide legal aid to victims of domestic violence in accordance with law.The people’s court shall suspend, reduce or waive the litigation fees of the victims of domestic violence according to law.Article 20 In trying a case involving domestic violence, the people’s court may determine the facts of domestic violence on the basis of such evidence as the police dispatch record, the warning letter, and the opinion of injury appraisal of the public security organ.Article 21 If a guardian commits domestic violence and seriously infringes upon the lawful rights and interests of his ward, the people’s court may, upon the application of his near relatives, the residents’ committee, the villagers’ committee, the civil affairs department of the people’s government at the county level or other relevant personnel or units, revoke his guardian qualifications according to law and appoint a new guardian.The offender whose guardianship is revoked shall continue to bear the corresponding expenses for maintenance, support and upbringing.Article 22 Trade unions, communist youth League, women’s federations, disabled persons’ federations, neighborhood committees and villagers’ committees shall educate the perpetrators of domestic violence in the rule of law, and may, when necessary, provide psychological guidance to the perpetrators and victims.Chapter IV Writ of Habeas Corpus Protection Article 23 The people’s court shall accept an application for a writ of habeas corpus protection filed by the party concerned because of domestic violence or the real danger of domestic violence.If the party concerned is a person without or with limited capacity for civil conduct, or cannot apply for a writ of protection of personal safety because of coercion or intimidation, his near relatives, public security organ, women’s federation, neighborhood committee, villagers committee or relief and administrative agency may apply for it on his behalf.Article 24 An application for a writ of habeas corpus shall be made in writing.If it is really difficult to make a written application, the people’s court may make an oral application, which shall be recorded in writing.Article 25 A case of a writ of protection of personal safety shall be under the jurisdiction of the basic people’s court of the place where the applicant or respondent resides or where the domestic violence occurs.Article 26 A writ of habeas corpus shall be made in the form of an order by the people’s court.(1) there is a definite respondent of the application;(2) having a specific request;(3) being exposed to domestic violence or facing realistic danger of domestic violence.Article 28 After accepting the application, the people’s court shall, within 72 hours, make an order of personal protection or reject the application;If the situation is urgent, it shall be done within 24 hours.Article 29 a protection order of personal safety may include the following measures :(1) prohibiting the respondent of the application from committing domestic violence;(2) The respondent is prohibited from harassing, tracking or contacting the applicant or his or her close relatives;(3) Order the respondent of the application to move out of the domicile of the applicant;(4) other measures to protect the personal safety of the applicant.Article 30 A writ of habeas corpus shall be valid for no more than six months and shall come into force as of the date of its enactment.Before a writ of protection of personal safety becomes invalid, the people’s court may, upon the application of the applicant, revoke, alter or extend it.Article 31 Where the applicant is not satisfied with the application for rejection or the respondent of the application is not satisfied with the order of habeas corpus protection, he may, within five days from the date of the effective date of the written order, apply for reconsideration once to the people’s court that made the written order.If the people’s court makes a writ of habeas corpus according to law, the execution of the writ shall not be suspended during the period of reconsideration.Article 32 After making a writ of habeas corpus, the people’s court shall serve it on the applicant, the respondent of the application, the public security organ, the residents’ committee, the villagers’ committee and other relevant organizations.A writ of habeas corpus shall be executed by the people’s court; the public security organ, the residents’ committee and the villagers’ committee shall assist in the execution.Chapter V Legal Liability Article 33 Where the perpetrator commits domestic violence and constitutes an act against the administration of public security, he shall be given a punishment for the administration of public security according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.Article 34 If the respondent of an application violates the writ of habeas corpus and the case constitutes a crime, he shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, the people’s court shall admonish him and may, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detain him for not more than 15 days.Article 35 Schools, kindergartens, medical institutions, residents’ committees, villagers’ committees, social work service institutions, relief and administrative institutions, welfare institutions and their staff members fail to report reports to public security organs in accordance with The provisions of Article 14 of this Law, thus causing serious consequences,The directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law by the higher competent authorities or their own units.Article 36 Any State functionary charged with the duty of combating domestic violence who neglects his duty, abuses his power or engages in malpractices for personal gain shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.Chapter VI Supplementary Provisions Article 37 Where acts of violence are committed between persons living together other than family members, the provisions of this Law shall be referred to.Article 38 This Law shall come into force as of March 1, 2016.Source: Women’s Voices of All-China Women’s Federation, Hebei High People’s Court

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