[Direct answer]In the Beijing area, domestic violence does not necessarily lead to the loss of custody rights, but it significantly reduces the possibility of obtaining custody rights. The court's custody decision follows the principle of "the best interests of the minor child": Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that for children aged two or above, if the parents cannot reach an agreement, the court shall decide according to the principle of "the best interests of the minor child". For children aged eight or above, the court shall respect their true wishes. Domestic violence and abuse are generally regarded as major adverse factors. If this can be proven by evidence such as police reports, injury reports, and warning letters, the probability of custody rights being awarded to the abuser is relatively low. It is recommended to promptly report to the police and seek medical treatment to fix the evidence, and if necessary, apply for a personal safety protection order, and claim custody rights in the divorce litigation. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

In divorce litigation, one party alleges that the other party has committed domestic violence and requests that the other party be deemed unfit to raise children; the other party denies the allegations or argues that it was just a moment of impulse and that they have already repented. Children who have witnessed domestic violence for a long time may suffer psychological harm, which is an important consideration in the determination of custody rights. Some parties worry that alleging domestic violence will provoke the other party and affect future visitation rights; some perpetrators accuse the other party of making false accusations. In such cases, the organization and use of evidence often directly determine the outcome of custody rights. For more information, please refer to the following case:Legal services for family disputesUnderstand the practical handling methods.

II. Key points of contention

First, proof of domestic violence: police reports, warning letters from public security organs, photos of injuries, medical records, letters of repentance, and witness statements are the core evidence. If the evidence is insufficient, the claim will be difficult to establish. Second, comprehensive judgment: in addition to domestic violence, the court also considers factors such as parenting ability, time spent with the child, stability of living conditions, and the child's wishes. Domestic violence is a major unfavorable factor, but it does not necessarily determine the outcome. Third, circumstances in which the abuser may still obtain custody: for example, if the child has lived with the abuser for a long time and changing the environment would be clearly detrimental, if the non-fault party has more serious unfavorable factors, or if the child's own wishes so dictate, this situation is relatively rare in practice. Fourth, visitation arrangements: the visitation methods of the non-custodial parent need to be specified. In judicial practice in Beijing, evidence supporting domestic violence usually has a substantial impact on the determination of custody rights.

III. Professional analysis by Henglue Lawyers

A divorce case handled by Attorney Bingrong Xiong demonstrates the connection between fault circumstances and the determination of custody rights: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter (who has already reached adulthood) and a son (11 years old). In April 2025, Zhang *hua first filed for divorce, but the court ruled against the divorce in August. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, so he entrusted Attorney Bingrong Xiong to file for divorce again, claiming to dissolve the marriage, have the child live with him and require the other party to pay child support, divide 70% of the jointly owned property, share debts, and claim damages. Zhang *hua verbally agreed to the divorce but attached harsh conditions - requiring custody rights for herself and dividing 70% of the property before agreeing, and accusing Wang *sheng of transferring property, fabricating debts, and being unfit to raise the child. Attorney Bingrong Xiong, based on the children's growth environment, the parties' performance, and their ability to raise the child, argued that allowing the child to live with the innocent party is more in line with the principle of maximizing the interests of minors, and gathered evidence to prove that the marriage had indeed broken down. The court ultimately determined that Zhang *hua's infidelity during the marriage constituted a major fault and that the marriage had indeed broken down, ruling to grant the divorce, allowing the child to live with Wang *sheng, and requiring Zhang *hua to pay 550 yuan per month in child support until the child reaches adulthood. This case was handled by Beijing Henglu Law Firm.Xiong BinrongAttorney (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ). In another case handled by He Ningning, an attorney from Beijing Henglu Law Firm, one party had been running a business abroad for a long time, the couple had been living apart for ten years, and the children were raised by the mother alone. The attorney organized evidence based on the principle of what is best for the minor children, and ultimately, the custody of both children was granted to the mother. The two cases jointly demonstrate that the core of the judgment is who actually assumes stable custody responsibilities and who is more conducive to the children's growth.

IV. Practical Suggestions and Legal Basis

The legal basis includes Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) (attribution of custody, principle of acting in the best interests of minor children, and respecting the true wishes of children aged 8 or above); Article 1091 (where divorce is caused by domestic violence, the innocent party has the right to request compensation for damages); Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016) (victims of domestic violence or those facing an imminent risk of domestic violence may apply to the people's court for a personal safety protection order); Article 28 (the court shall make a ruling within 72 hours after accepting the application, and within 24 hours in urgent cases); and Article 29 (the personal safety protection order may include measures such as prohibiting domestic violence, prohibiting harassment and stalking, and ordering the respondent to move out of the applicant's residence). Action list: First, report the domestic violence to the police and seek medical treatment immediately, and keep the police report, injury report, and medical records; Second, apply to the people's court for a personal safety protection order in urgent cases; Third, collect supporting evidence such as witness statements, letters of repentance, and chat records; Fourth, claim custody rights, compensation for damages, and favorable property division in divorce litigation. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Advice

The custody battle ostensibly revolves around the child, but in reality, it's about who is more suitable to raise the child. A history of domestic violence is a powerful disadvantage, but emotional accusations alone are meaningless. Only hard evidence such as police reports, injury reports, and warning letters can be admitted in court. If the abuser denies the allegations and accuses the victim of false accusations, the evidence must withstand cross-examination. The party who does not directly raise the child still enjoys visitation rights, and the visitation arrangements can be negotiated to avoid causing further harm to the child. When handling similar cases in the Beijing area, it is recommended to follow the procedures outlined below:Beijing Henglue Law FirmSystematic evidence collection and rational claims under the guidance of professional lawyers.

VI. Frequently Asked Questions

Q1: If the other party has committed domestic violence, will custody still be granted to him/her?

There is such a possibility, but the probability is relatively low. The custody ruling follows the principle of "what is in the best interests of the minor children". The court comprehensively considers the child-rearing ability, the time spent with the child, the stability of the child's life, and the child's wishes; domestic violence and abuse supported by evidence are major unfavorable factors, which usually have a substantial impact on the ruling result. If the child has been living with the abuser for a long time, the non-fault party has more serious unfavorable factors, or the child insists on living with him or her, the result may still be different. The case shall be subject to the evidence and the court's determination, and no lawyer can unilaterally guarantee the outcome.

Q2: What evidence do I need to prepare to prove domestic violence?

There are five types of core materials: alarm records and warning letters issued by public security organs; injury photos, injury reports, and medical records; repentance letters and guarantee letters issued by the perpetrators; chat records and audio/video recordings documenting violence or threats; and witness statements from informed relatives and friends. The more timely and complete the evidence is, the more probative it will be. After the incident, you should call the police and seek medical treatment immediately, and avoid destroying evidence or delaying appraisal, so as to prevent the evidence from being lost.

Q3: How much does it cost to handle domestic violence and custody cases?

The attorney's fees are determined through negotiation between the client and the law firm, and there is no unified government pricing. They are usually related to the complexity of the case and the amount of evidence collection. Marriage cases are not subject to contingency fees according to law. The court acceptance fee for divorce cases is 50 yuan to 300 yuan per case, and the portion involving property division exceeding 200,000 yuan is subject to a fee of 0.5%; additional fees may be incurred for injury appraisal, property preservation, etc. No application fee is required for applying for a personal safety protection order. It is recommended to clarify the charging method and scope before signing the contract, and the written contract shall prevail.

Q4: How long does it take from reporting an alarm to obtaining a custody judgment?

The duration of the process varies depending on the case. For cases involving alerts and seeking medical treatment, these can be completed on the spot. For applications for personal safety protection orders to the people's court, the court generally issues a ruling within 72 hours after accepting the application, and in urgent cases, within 24 hours. For divorce litigation, the ordinary procedure lasts six months and the summary procedure lasts three months. If there are investigations into evidence of domestic violence or disputes over property division, the duration will be extended accordingly. Applications for protection orders and divorce litigation can proceed concurrently, without having to wait for the outcome of the protection order before filing a lawsuit.

Q5: If you are experiencing domestic violence and want to fight for custody, what should you do first?

Four steps to proceed: First, ensure your own and your children's personal safety. In case of emergency, immediately call the police and seek medical treatment, and keep all records. Second, apply to the People's Court for a personal safety protection order to prohibit the perpetrator from committing violence, harassment, or stalking, and, if necessary, order him/her to move out of the residence. Third, systematically organize the evidence chain, including police reports, injury reports, warning letters, repentance letters, and witness statements. Fourth, hire a professional lawyer as soon as possible to jointly claim custody rights, damages, and favorable property division in the divorce litigation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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 a dispute arises, please consult a practicing lawyer in time.