[Direct answer]In the Beijing area, it's possible, but suing for divorce is not the only option. If victims encounter domestic violence, they can either sue for divorce in court or apply for a personal safety protection order first, which can be done concurrently. Article 1079 of the Civil Code of the People's Republic of China stipulates that if domestic violence or abuse, or abandonment of family members occurs and mediation fails, the divorce shall be granted; the Personal Safety Protection Order System established by the Anti-Domestic Violence Law of the People's Republic of China (implemented on March 1, 2016) requires the court to make a ruling within 72 hours after accepting the application, and in urgent cases, the ruling shall be made within 24 hours. As the innocent party, they can also claim divorce damages according to Article 1091 and request consideration in the division of property. The key lies in evidence: police reports and warning letters, injury appraisals, medical records, audio and video recordings, chat records, and grassroots organization records are the most convincing. It is recommended to first ensure personal safety, fix evidence in time, and then decide on litigation steps.

1. Problem background and typical scenarios

The victims of domestic violence often find themselves in a dilemma: they want to escape the danger as soon as possible, but they are also worried that suing for divorce will exacerbate the conflict and affect their children and property. Typical scenarios include: being subjected to long-term physical or mental abuse but failing to preserve evidence; after reporting the case to the police, only mediation is conducted without taking statements; one party uses child custody or property ownership as a threat; and the victims hope to protect their own safety first and then consider whether to dissolve the marriage. When handling such cases in Beijing, the court reviews the personal safety protection orders more efficiently, usually making a decision within a few days after accepting the case, thus winning a buffer period for the victims.

II. Key points of contention

First, how to identify domestic violence and distinguish between occasional conflicts and persistent violence. Second, the application conditions, jurisdiction, and scope of effectiveness of personal safety protection orders. Third, the order of prosecuting for divorce and applying for protection orders, and whether they can be carried out simultaneously. Fourth, the standard of proof and burden of proof for domestic violence evidence. Fifth, whether the non-at-fault party can claim damages and a larger share of property, and how this relates to the determination of fault. Sixth, the impact of domestic violence on the custody of children. These issues together determine the path and pace of victims' rights protection.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a marital and family case involving domestic violence: Li Xiang and Li Li registered their marriage in 2018. After marriage, Li Li subjected Li Xiang to domestic violence and mental abuse for a long time, resulting in Li Xiang being diagnosed with moderate depression. Li Xiang entrusted our lawyers to sue for divorce. During the investigation, the lawyers found that Li Li had previously registered her marriage with a Swedish man and later divorced by a Swedish court, but the foreign judgment had not been legally recognized by Chinese intermediate courts. Therefore, the claim was changed from divorce to confirmation of the invalidity of the marriage, and overseas evidence collection was carried out. After completing the public disclosure of the judgment, notarization translation, and submission of foreign legal provisions, the court ultimately ruled that the marriage was invalid. This case reminds us that when victims of domestic violence seek justice, personal safety and evidence fixation are prerequisites, and it is also crucial to comprehensively sort out the legal status of the marriage relationship. Professional intervention can help uncover overlooked facts. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (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 list: First, prioritize ensuring personal safety and, if necessary, temporarily separate from the abuser and inform relatives and friends; Second, promptly report the case to the police and strive to obtain an interrogation transcript, a protective order, or an administrative punishment decision; Third, seek medical treatment and keep medical records, photos of injuries, and appraisal opinions; Fourth, preserve audio and video recordings, chat records, witness statements, and records from grassroots organizations; Fifth, apply for a personal safety protection order as soon as possible; Sixth, claim divorce, damages, and custody division in the lawsuit. For the overall handling of family disputes, you can refer to the following guidelines:Divorce litigation and family disputesFor cases involving compensation for personal injury, you can refer to the following information for reference.Personal injury and medical disputesLegal basis: Article 1079 and Article 1091 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), and Articles 23 and 28 of the Anti-Domestic Violence Law of the People's Republic of China (effective from March 1, 2016). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, domestic violence is not a domestic matter. The law explicitly stipulates that it should be regarded as a statutory circumstance warranting divorce. Secondly, protection orders and divorce litigation can proceed concurrently, with priority given to ensuring safety before addressing marital and property matters. Thirdly, evidence collection is most effective at the time of the incident, and it is much more difficult to obtain evidence retrospectively. Fourthly, the innocent party may claim damages and request preferential treatment in the division of marital assets. If you are currently facing similar issues, you can seek assistance through the following channels:Divorce litigation and family disputesObtain a comprehensive solution for the service, and cases involving personal injury can be combined with it.Personal injury and medical disputesFor plates involving criminal accountability, you can refer to the following for more information.Criminal defense and criminal case filingColumn.

VI. Frequently Asked Questions

Q1: Is domestic violence only defined as physical violence committed once or twice?

Domestic violence emphasizes control and persistence. Occasional conflicts need to be judged based on the circumstances. Even if it happens infrequently, if it causes physical or mental harm or has a threatening and controlling nature, it may be considered as domestic violence. It is recommended to keep the police records, medical records, and photos to form a complete chain of evidence, which will be comprehensively evaluated by the court.

Q2: How to apply for a personal safety protection order?

Applicants or respondents may file their applications with the basic-level courts in the place where they live or where the violence occurred. Those who have difficulties in submitting their applications in writing may apply orally. According to the Anti-Domestic Violence Law of the People's Republic of China, the court generally makes a ruling within 72 hours after accepting the application, and in urgent cases, the ruling shall be made within 24 hours. The measures may include prohibiting beating, harassment, stalking, and contact with the victim, etc.

Q3: Can one get a larger share of property in a divorce case involving domestic violence?

This can be claimed. The Civil Code stipulates that when dividing joint property, consideration should be given to the rights and interests of children, women, and the innocent party. The innocent party may request a proportionally larger share; if the other party commits major faults such as bigamy, cohabitation with others, domestic violence, or abandonment of family members, the innocent party may also claim damages for divorce. Whether to grant a proportionally larger share and the proportion shall be determined by the court based on the degree of fault and the structure of the property.

Q4: Does domestic violence help in obtaining child custody rights?

It does have an impact. According to the principle of acting in the best interests of minor children, if one party engages in domestic violence, it is generally considered detrimental to the physical and mental health of the children. It is recommended to submit evidence such as stable residence, caregiving ability, and the children's wishes at the same time, in order to comprehensively support the claim for custody rights.

Q5: Can I sue for divorce without a police report?

You can file a lawsuit, but the burden of proof will increase. You can provide supporting evidence such as photos of the injuries, medical records, testimonies from relatives, friends, and neighbors, chat records, audio and video recordings, etc. If the evidence is insufficient, you can first apply for a personal safety protection order to establish the facts, and then proceed with the divorce litigation based on other materials.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limits. →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 publicly available 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.