[Direct answer]In the Beijing area, lawyers provide assistance throughout the entire process of evidence collection, protection, accountability, and post-incident recovery: assisting in reporting the case and securing evidence, applying for personal safety protection orders, representing clients in divorce and custody cases, claiming damages for divorce, and, if necessary, urging the prosecution of perpetrators for public security or criminal offenses. This is in accordance with Article 23 of the "Anti-Domestic Violence Law of the People's Republic of China" (which allows for the application of personal safety protection orders), Article 29 (stipulating that protection orders are valid for no more than six months), and Article 33 (stipulating that if the act constitutes a crime, criminal responsibility shall be investigated according to law), as well as Article 1091 of the "Civil Code of the People's Republic of China" (regarding damages for divorce). The action plan is as follows: completing the evidence list and safety assessment during the first consultation, prioritizing protection before supplementing evidence.

1. Problem background and typical scenarios

Domestic violence victims often face a dilemma after a conflict: they are afraid to report the case to the police because it might escalate the conflict, but not reporting it makes it difficult to leave evidence; they want to divorce but are worried about not being able to win custody of their children or share the marital property. A typical scenario is that victims have suffered from physical or psychological violence for a long time, but they dare not seek justice because the evidence is scattered and the perpetrator is financially powerful. At this point, the value of a lawyer is not just about winning a lawsuit, but about organizing the scattered actions of seeking justice into an enforceable path.

II. Key points of contention

Firstly, how to effectively secure evidence of domestic violence; Secondly, how to arrange the sequence of protection orders and divorce litigation; Thirdly, whether domestic violence can be used as a reason for claiming a larger share of property or damages; Fourthly, how to link criminal procedures with cases involving crimes such as abuse and intentional injury. The key point is that once evidence and procedures are properly aligned, protecting one's rights will shift from a reactive to a proactive approach.

III. Professional analysis by Henglue Lawyers

Henglue's experience in handling family protection cases is to prioritize safety and evidence collection. The first step is to guide evidence collection: report the case to the police and request a police report or warning letter, seek medical treatment promptly to preserve medical records and diagnosis certificates, take time-stamped photos of injuries, save chat records and audio/video recordings of threats and insults, and contact the Women's Federation and neighborhood committees to form mediation records. The second step is to apply for a protection order: according to Article 23 of the Anti-Domestic Violence Law, the application can be submitted to the basic-level court where the applicant or respondent resides, or where the domestic violence occurred. The court shall make a ruling within 72 hours after accepting the application, and within 24 hours in urgent cases. The protection order is valid for no more than six months and can be extended upon expiration. The third step is to convert the domestic violence facts into favorable circumstances in divorce and custody cases: domestic violence is a statutory ground for divorce, and the victim can claim favorable treatment in property division and seek divorce damages under Article 1091 of the Civil Code. Regarding child custody, the abuser is usually deemed detrimental to the minor's growth. The fourth step is criminal prosecution: if the violent act results in light injuries or long-term abuse, the police can initiate a case, and the perpetrator will be held criminally liable according to Article 33 of the Anti-Domestic Violence Law and relevant provisions of the Criminal Law, effectively restraining the abuser. In handling domestic violence cases, courts in Beijing generally attach great importance to objective evidence such as police reports and warning letters, highlighting the importance of victims reporting the case to the police and preserving evidence immediately.

IV. Practical suggestions and legal basis

The first step is to report the case to the police and seek medical treatment as soon as possible, and keep the police response records and medical records. The second step is to preserve the threatening information, audio and video recordings, and third-party mediation records to form a chain of evidence. The third step is to apply for a protection order as soon as possible, and if necessary, initiate divorce litigation and claim damages. The fourth step is to promptly initiate criminal prosecution if the case involves minor injuries or long-term abuse. Main legal basis: Article 23, Article 29, and Article 33 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016), and Articles 1079 and 1091 of the "Civil Code of the People's Republic of China" (effective January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

When seeking justice against domestic violence, the most dreaded situation is "waiting until there's no evidence left". Calling the police, seeking medical treatment, and applying for a protection order are three essential first steps that cannot be skipped. For cases involving domestic violence litigation and divorce, you can seek help through the following channels:Divorce litigation and family disputesObtain a comprehensive solution for the service; for matters involving injury assessment and compensation, they can be handled jointlyPersonal injury and medical disputesPlate; for those involved in criminal accountability, you can seek adviceCriminal defense and criminal case filing; For reference on the enforcement of protection orders, please refer to the following document.Creditor's rights and debts, and enforcementOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If there's not enough evidence of domestic violence, can I still successfully protect my rights?

Yes. What the court reviews is whether there is domestic violence or a real danger, rather than the standard for criminal conviction. When a single piece of evidence is insufficient, police reports, medical records, chat logs, witness testimonies, and other evidence can be used to corroborate each other, forming a chain of evidence. There is still a lot of room for protection orders and divorce claims.

Q2: What evidence do I need to prepare for protecting my rights?

The key points include the police report and warning letter, the injury appraisal or medical records, the photos of the injuries, the chat records of threats and insults, the audio and video recordings, the perpetrator's guarantee letter, the mediation records of the Women's Federation and the neighborhood committee, and the testimonies of relatives and friends. The more timely and specific the evidence is, the stronger its effectiveness will be.

Q3: How much does it cost to hire a lawyer to handle domestic violence cases?

The fees depend on the content of the service and whether it involves divorce litigation. For those who only apply for personal safety protection orders, the fees are relatively limited; for those involving divorce, property division, and damages, the fees are charged according to the subject matter, the workload, and the provisions of the contract. Those who meet the requirements can apply for legal aid.

Q4: How long will it take for the protection order to be issued, and what is its validity period?

After the court accepts the application, it shall make a ruling within 72 hours, and within 24 hours in urgent cases. The protection order shall take effect from the date of issuance and be valid for no more than six months. It may be extended before the expiration date. If the respondent violates the order, they will be reprimanded, fined, or detained.

Q5: Apart from calling the police, what should I do first?

First, conduct a safety assessment and, if necessary, temporarily move out of the dangerous environment. Then, immediately call the police and seek medical attention to secure evidence, and contact a lawyer to clarify the list of evidence and arrange for a protection order application. Never endure the situation for too long out of fear of exacerbating the conflict, as evidence may be lost over time.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.