[Direct answer]In the Beijing area, the key to obtaining custody rights in cases of domestic violence lies in transforming the facts of violence from a unilateral statement into a verifiable chain of evidence, and combining it with two factors: parenting ability and care stability. The first category is evidence of personal injury, including police report receipts, police response records, diagnosis certificates, medical records, and photos of injuries; the second category is behavioral evidence, including audio and video recordings of insults and threats, chat records, and written apologies or guarantees; the third category is supporting evidence, including testimonies from neighbors and relatives, school and kindergarten records, and records of handling by women's federations or communities; the fourth category is evidence of continuous care, including records of picking up and taking the child to the doctor, and the child's daily care situation. Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the relationship between parents and children does not cease to exist due to the divorce of the parents; after the divorce, if the father directly raises the child, he shall still bear the obligation of education and protection. In practice, if the court finds that the domestic violence is egregious and there is a direct causal relationship with the breakdown of the marital relationship, it will usually make a judgment in favor of the non-at-fault party regarding the custody rights. The evidence system can be referred to for reference.Divorce litigation and family disputesThe organizing ideas in the column.

I. Problem background and typical scenarios

The parties who consult on such issues are mostly spouses who have been subject to domestic violence for a long time. There are three common situations: First, they have suffered from physical violence for a long time but never reported it to the police, and by the time of divorce, they lack written records; Second, the other party mainly uses mental control, verbal humiliation, and restriction of personal freedom, with no obvious injuries, making it difficult to provide evidence when seeking justice; Third, although they have reported it to the police, they did not insist on further action due to mediation, reconciliation, or the other party's promise, making it difficult to prove the recurrence of violence when it happens again. Another frequent problem is that victims often worry that if they sue for custody rights, it will exacerbate the conflict or lead to retaliation. In fact, procedural protection measures and evidence fixation are precisely the necessary prerequisites to reduce such risks. Procedural matters related to personal safety can be referred to togetherSpecial services and other casesColumn.

II. Key points of contention

Focus One: The standard of proof for acts of violence, whether a single police report can suffice, and whether subsequent behaviors can corroborate the lack of evidence. Focus Two: The causal relationship between violence and divorce—whether it was triggered by domestic trivialities—and the determination of the severity of the fault. Focus Three: Comparison of parenting capabilities, including income, housing, family support, and working hours. Focus Four: The impact of violence occurring in front of children on the determination of custody rights. Focus Five: The child's own wishes and expression methods, and how to assess the credibility of minors' statements. Focus Six: The application and enforcement of personal safety protection measures, with a focus on specific provisions prohibiting contact and harassment. Focus Seven: Whether claims for joint property and debts can be asserted concurrently. The above determination standards are based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking a custody rights modification dispute we handled as an example, it is clear that a stable living environment plays a crucial role in the determination of custody rights. Ms. Shan and Mr. Wang registered their marriage in July 2015 and had a son in May 2019. They agreed to divorce by mutual consent in November 2019, stipulating that the child would be raised by Mr. Wang and that Ms. Shan would not pay child support. After the divorce, the couple lived together until the end of September 2021, after which Ms. Shan moved out. Since then, the child has been cared for by Mr. Wang and his mother. Ms. Shan initiated a lawsuit to modify custody rights, alleging that Mr. Wang's busy work schedule, carelessness, and alcoholism made him unfit to continue raising the child, while claiming that she had a stable job and high income. Mr. Wang entrusted our law firm to represent him, arguing that the child had lived with him since birth and that after Ms. Shan moved out, the child had lived with him for over half a year, forming a stable living environment that should not be disrupted. After accepting the case, our lawyers quickly conducted legal representation in accordance with Article 56 of the Interpretation of the Marriage and Family Editions of the Civil Code of the People's Republic of China issued by the Supreme People's Court (No. 29 of 2020, effective January 1, 2021), determining that the core issue in this case was whether the child living with either parent would be more conducive to their growth. Three sets of evidence were collected: first, both parties had similar working hours and income, with no substantial differences in their ability to raise the child; second, the child was primarily cared for by Mr. Wang and his mother, forming a stable living environment; third, the child was still young, and both parents still needed assistance with childcare, with Mr. Wang's mother consistently providing support and willing to continue doing so in the future, creating a stable emotional foundation. The court adopted this viewpoint, holding that although the plaintiff provided evidence during the trial, she failed to establish a conclusive chain of evidence proving that the defendant met the legal requirements for modifying custody rights. The plaintiff should bear the legal responsibility for failing to provide sufficient evidence, and the court ruled to dismiss her lawsuit. This case offers two insights for victims of domestic violence: first, the burden of proof for the at-fault party lies in demonstrating the existence of legal grounds for modification. A stable care environment and consistent care records themselves constitute powerful defense materials; second, even in the presence of domestic violence, if the victim's care records are incomplete, they may still face unfavorable evidence. Therefore, it is essential to start documenting care records from the day of separation. This case was handled by Beijing Henglu Law Firm.Liu Xiang YingAttorney (Practice Certificate No.: 11101201511343795, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Report the incident to the police immediately and keep the police report and receipt, even if a settlement is reached on the spot. 2. Seek medical treatment promptly after being injured, and retain the diagnosis certificate, medical records, and medication records. Take photos of the injuries and ensure to preserve the original media and time information. 3. Save audio/video recordings and chat logs related to the violence, ensuring the evidence collection is legally compliant. 4. Collect testimonies or records from women's federations, communities, neighbors, schools, and relatives. 5. Organize a timeline showing the main caregivers and time distribution of the child's daily care. 6. Evaluate the applicant's personal safety protection measures and clearly specify the specific content of prohibiting contact, harassment, and threats. 7. Claim both the facts of fault and the applicant's ability to raise and care for the child in the litigation. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (effective January 1, 2021); The Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024); Personal safety protection measures and domestic violence evidence rules shall follow the currently effective regulations.

5. Henglue Law Firm's Advice

Firstly, the proof of domestic violence cannot rely solely on statements. It is most reliable to present evidence from three different sources: reporting to the police, seeking medical treatment, and providing written materials. Secondly, evidence of repeated violence carries more weight than a single incident, and the intervals between violent acts and the reconciliation process will affect the determination of the case. Thirdly, during the litigation process, it is important to avoid engaging in intense conflicts with the other party and leaving new records of misconduct, so as to avoid jeopardizing previous efforts. Fourthly, competing for custody and claiming divorce damages are two separate matters. If the division of property has already reflected the liability for fault, the request for compensation may no longer be supported repeatedly. Fifthly, minors who appear in court and give statements should be in line with their age and cognitive level, and attention should be paid to the way of guidance. Sixthly, joint debts should be reviewed simultaneously to prevent being held jointly liable for debts fabricated by the other party. The approach to debt review can be referred to for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If there are only verbal accusations of domestic violence against the other party, will the court believe them?

Verbal accusations alone have very limited probative value, and courts usually require other evidence to corroborate them. It is recommended to promptly provide the police report, diagnosis certificate, photos of the injuries, and audio/video recordings to form a coherent chain of evidence. If the claim is made after the incident, the claimant should also explain why they did not report the incident to the police or seek medical treatment in a timely manner. If necessary, the claimant can supplement the evidence with witness statements from relatives and friends and investigation records.

Q2: If there are no injuries, can domestic violence still be confirmed?

Not necessarily. Acts such as mental control, verbal insults, restricting personal freedom, and threatening personal safety may also be considered domestic violence. Such acts can be proven through audio and video recordings, chat records, police reports, and witness testimonies. The key lies in the continuity and repetitiveness of the behavioral patterns, rather than the intensity of a single incident.

Q3: How to apply for personal safety protection measures, and what are their uses?

Applications can be submitted to the people's court, and the measures include prohibiting the perpetrator from continuing to commit violence, harassment, stalking, or contacting the victim and their close relatives. The significance of protective measures lies in providing independent prohibitive constraints and providing procedural support for the determination of fault in subsequent divorce litigation. When applying, the specific behaviors, time limits, and contact information should be clearly stated to facilitate the court's implementation of the measures.

Q4: The other party claims that it's just a domestic dispute. How will the court judge this?

The court will make a judgment based on the behavioral patterns, frequency of occurrence, consequences, and whether the statements of both parties are consistent and stable in the materials. If the police report, diagnosis certificate, and the other party's written materials corroborate each other, even if it is packaged as a domestic dispute, it may still be identified as domestic violence. Therefore, when collecting evidence in daily life, attention should be paid to the description of details and time records.

Q5: Approximately how long does it take to fight for custody rights?

The trial period of general family cases is affected by the amount of the subject matter, the number of evidence, and the service situation. Domestic violence cases, due to the involvement of multiple pieces of evidence and possible coordination with multiple parties, usually take longer than ordinary divorce cases. It is recommended to complete the organization of evidence before suing to reduce the need for supplementary evidence collection in court. If the other party's whereabouts are unknown, it is necessary to reserve time for service by public announcement. For the connection between property preservation and enforcement, you can refer to the relevant provisions.Real estate transactions and construction projectsColumn.

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

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice 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.