[Direct answer]In the Beijing area, it is usually unfavorable for the perpetrator of domestic violence, and the children are often awarded to the non-at-fault party, but this is not an absolute rule. According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China, if the parents cannot reach an agreement on the custody of a child who has reached the age of two, the people's court shall make a judgment in accordance with the principle that is most conducive to the interests of the minor child. Domestic violence reflects the risk of one party in emotional control and educational methods, and the court will consider this as an unfavorable factor; at the same time, the non-at-fault party may request divorce damages according to Article 1091. If the perpetrator of domestic violence has serious circumstances, a punishment record, or a protection order in place, the likelihood of the children being awarded to the other party is higher. The key is to promptly fix evidence such as police reports, injury materials, and protection orders.

1. Problem background and typical scenarios

In common situations, the party who has long suffered from beatings, verbal abuse, or mental control is determined to divorce and seek custody of the children; while the abusive party claims that he/she has better financial conditions and demands direct custody. In the judicial practice of the Beijing area, the court will review whether the domestic violence is true and whether it affects the physical and mental health of minors, and pay attention to the current actual living conditions of the children. If the children have been living with the non-at-fault party for a long time and attending school steadily, the adverse effects of changing the environment will also be taken into account.

II. Key points of contention

The disagreements focus on four points: Firstly, whether the facts of domestic violence can be identified and whether the evidence meets the standard for identification; Secondly, whether the impact of domestic violence on custody rights is decisive or merely a reference; Thirdly, a comparison of the parties' ability to raise children and care for them, and whether financial conditions take priority; Fourthly, whether personal safety protection orders should be issued simultaneously and how to enforce visitation rights. Courts usually take the best interests of minors as the starting point and regard domestic violence as an important negative factor, but do not simply veto it outright.

III. Professional analysis by Henglue Lawyers

In a case handled by Henglue Law Firm, the verification of domestic violence evidence and the validity of the marriage proceeded simultaneously. The plaintiff, Li Xiang, and the defendant, Li Li, registered their marriage in Xicheng District, Beijing in May 2018. After the marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, resulting in Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of our firm to file a divorce lawsuit, requesting the dissolution of the marriage, the division of real estate and vehicles, and the sharing of joint debts. During the litigation process, the lawyer went to Li Li's household registration address to investigate and found that Li Li had registered her marriage with a Swedish man in November 2014 and was divorced by a Swedish court in January 2018. However, she failed to apply to the Intermediate People's Court of China for recognition of the divorce judgment before registering with Li Xiang, so her previous marriage was still valid under Chinese law and constituted bigamy. Based on this, the lawyer changed the claim to confirm the invalidity of the marriage and initiated overseas evidence collection, submitting materials such as the Swedish court's judgment, additional certificates, and Chinese translations. After trial, the People's Court of Shunyi District, Beijing ruled on April 30, 2026 that the marriage between Li Xiang and Li Li was invalid. This case reminds us that in cases of domestic violence, it is necessary to fix the records of calling the police, seeking medical treatment, and communicating with the other party as soon as possible, and to verify the validity of the marriage and other basic facts in a timely manner, so as to lay a foundation for subsequent claims for custody and compensation. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately call the police if you are subjected to domestic violence, and keep the police report, warning letter, photos of injuries, and medical records; Second, promptly apply to the court for a personal safety protection order to prohibit violence, harassment, and contact; Third, fix the records of the child's schooling, medical treatment, and companionship with you; Fourth, when suing for divorce, claim custody rights and damages simultaneously. For issues involving personal safety and family disputes, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputes; For cases involving criminal accountability, you can refer to the following for more information.Criminal defense and criminal case filingLegal basis: Articles 1084 and 1091 of the Civil Code of the People's Republic of China (both in effect since January 1, 2021), the relevant provisions of the Anti-Domestic Violence Law of the People's Republic of China (in effect since March 1, 2016), and the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (in effect since January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the evidence of domestic violence needs to form a chain, and a single oral statement is often not enough to establish the fact. Secondly, personal safety protection orders are an important tool and can serve as strong corroboration of the facts of domestic violence. Thirdly, the determination of custody rights should prioritize the interests of the children, and domestic violence is an unfavorable factor but not the only criterion. Fourthly, the exercise of visitation rights should also be based on the premise of not harming the physical and mental health of the children, and if necessary, an application for suspension can be made. For matters involving family affairs and the overall protection of personal rights, mediation can be used to resolve disputes.Divorce litigation and family disputesThe service acquisition plan, which involves criminal reporting and accountability, can be integratedCriminal defense and criminal case filing板块。

VI. Frequently Asked Questions

Q1: Can the party involved in domestic violence still obtain custody of the children?

It's not absolutely excluded, but it's clearly disadvantageous. The court judges according to the principle of acting in the best interests of minor children. Domestic violence reflects risks in emotional control and parenting methods, and will be considered as an important negative factor. If the domestic violence is serious, there are punishment records, or a protection order is in place, the likelihood of the children being awarded to the non-at-fault party is greater.

Q2: How to obtain valid evidence of domestic violence?

You should promptly report the case to the police and keep the police report, the interrogation transcript, the warning letter, and the injury appraisal. Also, keep the medical records, photos, and audio recordings of the visit. Apply for a personal safety protection order from the court, and seek help from organizations such as the Women's Federation and the neighborhood committee, making written records of the assistance. Multiple pieces of evidence corroborate each other, which are more convincing than a single piece of evidence.

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

Yes. In the case of divorce caused by domestic violence, the non-at-fault party has the right to request damages, including material damages and mental damages, the specific amount of which shall be determined by the court based on the degree of fault, the consequences and the local living standards. When claiming damages, the party needs to submit evidence confirming the existence of domestic violence.

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

Applicants and respondents may file their applications with the basic-level people's courts in the place where they live or where the domestic violence occurred, and submit evidence such as application forms, police reports, and materials related to the injuries. After accepting the application, the court shall make a ruling within the statutory time limit, and handle the case quickly in accordance with the law if the situation is urgent. The protection order may prohibit violence, harassment, stalking, and contact with the perpetrator.

Q5: Will the right to visit be affected in cases of domestic violence?

They may be affected. If one party is involved in domestic violence, the court will be more cautious in determining the visitation method, and may arrange for supervised visits or limit the frequency of visits; if the visitation is obviously detrimental to the physical and mental health of the children, the other party may apply for suspension of visitation. After the reasons for the suspension disappear, the other party may apply for the resumption of visitation.

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 Henglue Lawyers about 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·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.