[Direct answer]In the Beijing area, victims of domestic violence can seek four legal channels for help. Firstly, they can report the case to the public security organ and request a receipt for the report and handling of the case. If the case meets the requirements, the victim will be issued a domestic violence warning letter, and those who violate public security management or commit crimes will be dealt with according to law. Secondly, they can apply for a personal safety protection order. According to Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), victims who have suffered from domestic violence or face an imminent risk of domestic violence can apply to the people's court for protection. In urgent cases, the court shall make a decision within 72 hours, and in general cases, it shall make a decision within 30 days. Thirdly, they can seek legal aid. According to the Legal Aid Law of the People's Republic of China (effective January 1, 2022), those who are financially disadvantaged and do not have a legal representative can apply for legal aid for personal injury compensation, divorce, and related matters. Fourthly, they can seek social assistance through channels such as civil affairs departments, women's federations, and communities to obtain shelter, temporary assistance, and psychological counseling. If the divorce is caused by domestic violence, according to Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021), the non-at-fault party has the right to request compensation for damages.Divorce litigation and family disputesThe column provides instructions for handling similar cases.

1. Problem background and typical scenarios

In practice, victims typically face four situations: First, they are subjected to long-term abuse but never report it to the police, with only sporadic photos or relatives and friends aware of the situation; Second, after reporting the case, the police only conduct oral mediation without leaving any written records; Third, they have separated from their spouse but are still being tracked, harassed, and threatened, and are afraid to assert their rights due to fear of retaliation; Fourth, they are unable to bear the cost of protecting their rights due to economic dependence on the other party. When handling similar cases in the Beijing area, the court usually determines domestic violence based on a combination of factors such as police reports, warning letters, injury appraisals, medical records, audio and video recordings, and witness statements. Single pieces of evidence are often insufficient to support the determination. In cases involving serious injuries that may constitute a crime, these factors can also be taken into account together.Criminal defense and criminal case filingFor columns involving the calculation of compensation for personal injury, you can refer to the following materials for reference.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: The criteria for identifying domestic violence, which may include physical assault and recurrent verbal abuse, intimidation, and other forms of psychological abuse. Focus Two: The immediacy of evidence. Materials obtained immediately after the incident, such as police reports and medical records, carry the greatest evidentiary weight. Focus Three: The application conditions and scope of measures for personal safety protection orders, and whether they require the initiation of divorce proceedings as a prerequisite. Focus Four: The application conditions for legal aid and the criteria for economic hardship. Focus Five: The relationship between divorce damages compensation and property division in favor of the non-at-fault party. Focus Six: Whether the victim is liable for the perpetrator's debts. Generally, debts unrelated to the family's common life are not assumed by the victim. Focus Seven: Whether minors who witness domestic violence require special protection. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of handling family cases at our firm, victims of domestic violence often face difficulties in three key stages of seeking justice. Firstly, there is an evidence gap. Many victims only take photos of their injuries at the time of the incident, but fail to obtain police reports or medical records, which makes it impossible to verify the time, location, and perpetrator of the violence. A more reliable approach is to immediately report the incident to the police and seek medical treatment after each occurrence, while keeping records of phone calls, WeChat messages, and neighbors' contact information. Secondly, insufficient use of protection orders. Personal safety protection orders do not require the initiation of divorce litigation. Victims who face real-life threats can apply for them independently. Measures may include prohibiting violence, harassment, stalking, or contact, and ordering the perpetrator to move out of the home. Thirdly, improper choice of legal procedures. Some victims reach verbal agreements with their partners without written documentation, only to face their partners' reneging on the agreements later, requiring them to reclaim property and child custody rights. When handling similar cases in Beijing, we typically recommend first gathering solid evidence and obtaining protection orders, then deciding whether to pursue a divorce settlement or litigation, and simultaneously claiming compensation for divorce-related damages and favorable treatment for the innocent party in property division. For issues involving assets and debts, refer to the relevant guidelines for handling such cases.Special services and other casesThe description in the column.

IV. Practical suggestions and legal basis

Action suggestions: 1. Immediately report the incident to the police and request a receipt for the report and handling of the case. If eligible, request a domestic violence warning letter. 2. Seek medical treatment promptly and retain medical records, diagnosis certificates, and imaging data. If necessary, apply for a physical injury assessment. 3. When in danger, prioritize applying for a personal safety protection order and retain evidence of violations of the protection order for subsequent enforcement. 4. Apply for legal aid from the local legal aid agency if meeting financial eligibility criteria. 5. Simultaneously secure evidence of assets to prevent the other party from transferring funds or selling vehicles and property. 6. Plan for divorce, child custody, property division, and compensation for damages together to reduce the cost of repetitive litigation. Legal basis: Articles 13 and 23 of the *Anti-Domestic Violence Law of the People's Republic of China* (effective March 1, 2016); *Legal Aid Law of the People's Republic of China* (effective January 1, 2022); Article 1091 of the *Civil Code of the People's Republic of China* (effective January 1, 2021); Specific operations shall follow the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, don't give up on reporting the case to the police just to protect the family's reputation. The lack of official records will make it difficult to pursue claims in the future. Second, applying for a personal safety protection order doesn't require paying litigation fees. If the other party violates the order after it's issued, you can apply to the court for reprimands, fines, or detention. Third, there are conditions for legal aid. If you don't meet the requirements, you can still hire a lawyer on your own and arrange the fees through installment payments. Fourth, the facts of domestic violence may also affect the determination of child custody rights, so you should raise this issue in the lawsuit. Fifth, if the abuser incurs debts in his own name that are not used for the family's common life or joint operation, the victim can claim not to bear the responsibility for them.

VI. Frequently Asked Questions

Q1: What should be the first step when encountering domestic violence?

You should immediately ensure your personal safety and call the police. Then, go to the hospital for a checkup and keep the medical records and imaging data. At the same time, leave a trace of help to the community, women's federations, or relatives and friends. These materials are not only the basis for applying for a personal safety protection order, but also key evidence for identifying domestic violence and claiming damages in divorce litigation.

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

According to Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (implemented on March 1, 2016), a written application may be submitted to the basic-level people's court where the applicant or the respondent resides, or where the domestic violence occurred, stating the facts and requests, and submitting evidence such as police reports, medical records, and audio and video recordings. In urgent situations, the court shall make a decision within 72 hours.

Q3: Can I apply for legal aid in a divorce case involving domestic violence?

Yes. According to the Law of the People's Republic of China on Legal Aid (effective January 1, 2022), parties who are financially disadvantaged and do not have a legal representative can apply for legal aid in matters such as requesting payment of labor compensation, seeking compensation for personal injury, and divorce. The specific conditions and review standards shall be subject to the implementation guidelines of local legal aid agencies.

Q4: After calling the police, the other party was just criticized and educated. Is that effective?

It still plays an important role. Reporting and handling receipts, warning letters, and other written materials can fix the time, place, and basic facts of the perpetrator. Even if the victim does not constitute a minor injury, they may still be identified as victims of domestic violence. When similar situations occur repeatedly, these records are an important basis for determining the continuity of the violence.

Q5: Can I request compensation in a divorce case due to domestic violence?

Yes. According to Article 1091 of the Civil Code of the People's Republic of China, if the divorce is caused by domestic violence, the innocent party has the right to request damages. The court usually determines the amount based on the degree of fault, the consequences of the injury, and the local living standards. The parties should submit evidence materials such as the injury and the treatment expenses.

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 Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.