[Direct answer]In the Beijing area, it can be used as strong evidence. Article 1084 of the Civil Code of the People's Republic of China stipulates that where the parents of children who have reached the age of two cannot reach an agreement on the issue of child-rearing, the court shall make a judgment in accordance with the principle that is most conducive to the interests of the minor children; the party who has committed domestic violence will usually be deemed unfit to directly raise the children. To make it truly effective, it is necessary to form a complete chain of evidence: police report receipts and police intervention records, injury appraisals or diagnostic certificates, personal safety protection orders, warning letters, witness statements from neighbors or relatives, chat records, photos, and videos, etc. Oral statements alone without objective evidence have weaker probative force. In addition, domestic violence can also serve as the basis for divorce damages compensation and applications for personal safety protection orders.

I. Problem Background and Typical Scenarios

In family disputes, domestic violence often intertwines with divorce and custody disputes. There are three typical scenarios: first, the victim has been subjected to verbal abuse, physical assault, or threats for a long time and hopes to divorce and seek custody of the children; second, the perpetrator denies domestic violence and claims that it's just a marital argument; third, domestic violence occurs during the divorce litigation and even affects the children and relatives. When handling custody disputes, the Beijing District Court will focus on assessing the impact of the direct custodian's behavior on the physical and mental safety of the minor children.

II. Key points of contention

Firstly, what constitutes domestic violence in legal terms. Secondly, how to collect evidence of domestic violence that will be accepted by the court. Thirdly, does domestic violence necessarily lead to the loss of custody rights? Fourthly, the application conditions and functions of personal safety protection orders. Fifthly, can domestic violence be used to claim divorce damages at the same time? Sixthly, how to balance the interests of both parties when both parties have inappropriate behaviors. These six points determine the actual importance of domestic violence in custody cases.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a divorce dispute: Ms. Zhang and Mr. Wang registered their marriage in 2017. After marriage, they often argued over trivial matters. The man repeatedly used verbal abuse, threats, and even threatened her with a knife. Ms. Zhang suffered from long-term depression, and the couple separated from July 2022. Ms. Zhang entrusted Henglue Law Firm to sue for divorce and seek custody rights. While preparing evidence of the breakdown of the marriage, the lawyer organized a defense from the perspectives of the couple's feelings, the child's growth environment, the escalation of family conflicts, and the man's violent behavior. Combined with police reports and other materials, it was demonstrated that the man was not suitable to directly raise the children. The court ultimately determined that the couple's feelings had indeed broken down, granted the divorce, and awarded Ms. Zhang custody of one child. The couple each raised one child and cooperated with each other in visitation. This case shows that domestic violence evidence and custody claims need to be planned simultaneously: on the one hand, using objective materials to fix the facts of violence; on the other hand, based on the principle of what is most beneficial to the minor children, it is demonstrated that it is more conducive to the physical and mental safety and stable growth of the children for the non-violent party to raise them. This case was handled by Beijing Henglue Law Firm.Chen Mei'eThe attorney (practice certificate number: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, report the domestic violence to the police immediately and request a police report and the record of the police's arrival; Second, seek medical treatment in time and keep the diagnosis certificate and the injury appraisal; Third, apply for a personal safety protection order from the court to prohibit the other party from harassing or contacting you; Fourth, save the chat records, audio recordings, photos, videos, and the contact information of witnesses; Fifth, submit the evidence of domestic violence and the evidence of the child's growth environment together in the custody litigation. For cases involving child custody and family disputes, you can refer to the relevant provisions.Divorce litigation and family disputesFor cases involving personal injury and medical evidence, you can refer to the following materials for reference:Personal injury and medical disputesLegal basis: Articles 1084, 1079, and 1091 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), and the provisions on personal safety protection orders in the Anti-Domestic Violence Law of the People's Republic of China (which came into effect on March 1, 2016). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it's important to secure evidence of domestic violence as early as possible, as obtaining evidence after the fact is often difficult. Secondly, calling the police and seeking medical treatment are the most basic and crucial steps. Thirdly, personal safety protection orders can not only protect the victim but also provide strong evidence in custody cases. Fourthly, custody decisions should always prioritize the best interests of the child, avoiding using the child as a bargaining chip. Fifthly, serious cases of domestic violence may also involve public security or criminal liability. For matters concerning personal safety and family disputes, legal assistance can be sought through relevant channels.Divorce litigation and family disputesThe service provides a comprehensive solution, and in cases involving personal injury compensation, it can be integrated with other services.Personal injury and medical disputesFor reference, the sections related to enforcement and property protection are as follows:Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: How can I collect effective evidence of domestic violence?

The key is to form an objective chain of evidence. Report the case to the police immediately and request a police report and a record of the police's response. Seek medical treatment promptly and retain the diagnosis certificate and injury assessment report. Apply for a personal safety protection order from the court or request an advisory letter. At the same time, save chat records, call recordings, photos and videos, torn clothes, and contact information of witnesses. Multiple pieces of evidence corroborate each other, which are more convincing than a single piece of material and can better demonstrate the continuity and danger of the violence.

Q2: If there is domestic violence, can one definitely get custody of the children?

It's not guaranteed, but it will significantly add points. The court makes a comprehensive judgment based on the best interests of the minor children. Domestic violence is an important negative evaluation factor, which is usually unfavorable for the perpetrator to obtain direct custody rights. However, if the victim's own custody conditions are insufficient, long-term absenteeism, or there are other unfavorable circumstances, the outcome may still be different. It is recommended that while providing evidence of domestic violence, you should fully demonstrate your stable living conditions, companionship, and educational conditions.

Q3: How to apply for a personal safety protection order?

Applicants or respondents may file a request with the basic-level people's court at the place of their residence or where the domestic violence occurred. The request is usually submitted in writing, stating the matters requested and the factual grounds, and providing evidence such as police reports, injury materials, and chat records. After accepting the request, the court will review it according to law. In urgent cases, the court will make a ruling within a short time, which includes prohibiting violence, prohibiting harassment and stalking, and ordering the removal from the residence. Those who violate the protection order will bear corresponding legal responsibilities.

Q4: Can I claim damages for domestic violence at the same time?

Yes. According to Article 1091 of the Civil Code of the People's Republic of China, in the event of divorce caused by domestic violence, the non-at-fault party has the right to request compensation for damages. Whether to support and the amount of compensation shall be determined by the court based on the degree of fault, the consequences of the damage, and the local living standards. It should be noted that the request for compensation for damages should generally be raised together with the divorce litigation and the corresponding evidence should be submitted; if the property division has already reflected the compensation for fault, the court may consider it comprehensively.

Q5: If the other party says it's just a marital argument, how can I refute that?

Speak with objective evidence. The key to distinguishing between ordinary arguments and domestic violence lies in whether there are acts such as beating, tying up, maiming, restricting personal freedom, and frequent verbal abuse and intimidation. You can submit police reports, warning letters, injury appraisals, medical records, neighbor's testimonies, and multiple communication records to demonstrate the continuity and severity of the behavior. In trials in the Beijing area, the court usually makes a comprehensive judgment based on the evidence, and it's difficult to refute objective materials with mere denials from one party.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Chen Mei'ao·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.