[Direct answer]In the Beijing area, it is possible to sue for divorce, and a forensic medical examination is not a mandatory requirement. According to Article 1079 of the Civil Code of the People's Republic of China, if there is domestic violence or abuse, or abandonment of family members, and mediation fails, the divorce shall be granted. Evidence to prove domestic violence is not limited to forensic medical examinations. Police reports, warning letters from public security organs, medical treatment records, photos of injuries, chat and call records, and testimonies from relatives and neighbors can all be used. According to Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective from March 1, 2016), if a party suffers from domestic violence or faces an imminent danger, they can apply to the people's court for a personal safety protection order, and the court shall issue it within 72 hours, or within 24 hours if the situation is urgent. It's not terrible to lack a forensic medical examination, but it's terrible not to fix the evidence in time. It is recommended to report the case to the police as soon as possible, seek medical treatment, keep records, and hire a lawyer.

1. Problem background and typical scenarios

After many victims of domestic violence report the case to the police, they may face concerns such as "not being able to divorce or claim compensation without a medical examination" due to not meeting the standards for filing a case or minor injuries, or not undergoing a medical examination out of concern. Typical scenarios include: being pushed or slapped and reporting the case to the police, but the police conducting on-site mediation without conducting a medical examination; long-term exposure to psychological violence and verbal abuse without obvious external injuries; and the injuries having healed after the fact, making it impossible to conduct a medical examination. When courts in Beijing handle divorce cases involving domestic violence, they will comprehensively evaluate all evidence to determine whether domestic violence exists and whether the marriage has truly broken down, rather than being limited by a single form of evidence.

II. Key points of contention

First, when assessing the absence of injuries, how can the facts of domestic violence be proven and what are the applicable evidentiary standards? Second, if the police only handle the case through mediation after receiving the report, can the police report serve as evidence? Third, what is the relationship between domestic violence and the breakdown of the marriage relationship and the claim for damages in divorce proceedings? Fourth, what are the application conditions and evidentiary requirements for personal safety protection orders? Fifth, does the definition of domestic violence include psychological violence and economic control? The answers to these questions directly affect whether a divorce can be granted and whether compensation claims can be supported.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a marital case in which the client had long suffered from domestic violence and mental abuse. After the marriage, the client was subjected to violence and psychological oppression from her spouse for a long time, which seriously affected her physical and mental health. Therefore, she entrusted a lawyer to sue for divorce. The other party firmly opposed the divorce in court and repeatedly exerted verbal pressure on her. On the one hand, the lawyer guided the client to fix evidence of domestic violence, such as police reports, medical records, and communication records, to form a chain of evidence. On the other hand, the lawyer conducted in-depth investigations and found that the other party had previously registered their marriage in another country, and the divorce judgment was not recognized according to Chinese legal procedures. When they registered their marriage again, the previous marriage was not legally dissolved in Chinese law, constituting bigamy. Based on this, the lawyer decisively changed the claim from divorce to confirming the invalidity of the marriage, and conducted overseas evidence collection. Ultimately, the court ruled that the marriage was invalid, and the client completely got rid of this relationship. This case shows that it is equally important to fully fix evidence and accurately judge legal relationships in domestic violence cases. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, immediately call the police whenever you encounter domestic violence and request a police report or a receipt of the case acceptance; Second, seek medical treatment in time and keep the medical records, diagnosis certificates, and photos of the injuries; Third, collect chat records, audio recordings, and contact information of witnesses; Fourth, apply to the court for a personal safety protection order; Fifth, when suing, simultaneously claim emotional breakdown, compensation for damages, and property division. Legal basis: Article 1079, Article 1091, and Article 1042 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and Articles 2, 23, and 33 of the Anti-Domestic Violence Law of the People's Republic of China (effective from March 1, 2016). For issues involving personal safety and criminal risks, please refer to the relevant provisions.Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

1. Even without a forensic medical report, it's still possible to divorce, but it requires other pieces of evidence to form a chain of evidence. 2. Police reports and warning letters are the most cost-effective evidence in domestic violence cases. 3. Psychological violence and long-term verbal abuse can also constitute domestic violence. 4. Personal safety protection orders are an effective tool to protect one's own safety. Don't hesitate to use them. 5. It's better to secure evidence of domestic violence as soon as possible, as it's more difficult to obtain evidence after the fact. For matters involving divorce and family disputes, you can seek legal assistance through the following channels:Divorce litigation and family disputesYou will receive a comprehensive solution for the service, which can be combined with claims for injuries.Personal injury and medical disputesFor those whose property has been infringed, they can refer to the following sections for helpCreditor's rights and debts, and enforcementFor other emergency relief matters, please consult the relevant columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If there's no injury assessment for domestic violence, will the court still make a determination?

A comprehensive judgment will be made. The appraisal of injuries is not the only evidence of domestic violence. The police report, the warning letter, the medical records, the photos of injuries, the chats and recordings, and the witness statements can all serve as proof. If multiple pieces of evidence corroborate each other and form a chain, the court can determine that domestic violence has occurred.

Q2: If the police don't file a case after receiving the alarm, is the recorded information still useful?

It's useful. The police report, the police response receipt, and the warning letter are all important materials to prove the fact of domestic violence. Even if no public security punishment or criminal case has been filed, they can still be used as evidence in divorce litigation and applications for personal safety protection orders.

Q3: Can I claim compensation in a divorce case involving domestic violence?

Yes. According to Article 1091 of the Civil Code of the People's Republic of China, in the case of divorce caused by domestic violence, the innocent party has the right to request compensation for damages. The amount of compensation shall be determined by the court based on the degree of fault, the consequences, and the economic conditions of both parties, and shall be supported by relevant evidence.

Q4: How to apply for a personal safety protection order?

Applicants or respondents may file their applications and relevant evidence with the basic-level people's courts in the place where they reside or where the domestic violence occurred. After accepting the application, the court shall make a ruling within 72 hours, or within 24 hours in urgent cases. The validity period of the protection order generally shall not exceed six months.

Q5: If the other party disagrees with the first lawsuit, can the divorce be granted?

If the domestic violence is proven and the mediation is unsuccessful, the divorce shall be granted in accordance with Article 1079 of the Civil Code of the People's Republic of China, without requiring the other party's consent. If the evidence is insufficient, the court may rule against the divorce and allow the plaintiff to file a lawsuit again after a certain period of separation.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the 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 in a timely manner.