[Direct answer]In the Beijing area, victims of domestic violence can obtain four types of special protection in divorce litigation: First, according to the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016), they can apply for personal safety protection orders to prohibit violence, harassment, and stalking, and order the respondent to move out of the residence, with a validity period of no more than six months; Second, according to Article 1087 of the "Civil Code of the People's Republic of China" (effective January 1, 2021), they can receive preferential protection in property division to safeguard the rights and interests of children, women, and the innocent party; Third, according to Article 1091, they can claim divorce damages from the party who committed domestic violence; Fourth, child custody shall be arranged in accordance with the principle of maximizing the interests of minors, and the party who committed violence shall generally not be allowed to directly raise the children. The key is to report the case to the police in time, seek medical treatment for injuries, and fix evidence. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

When victims of domestic violence decide to divorce, they often face multiple concerns: fear of retaliation and not daring to sue, fear of not being able to divorce due to insufficient evidence, fear of losing their economic source, and even fear of losing custody of their children. Some victims have suffered from depression and other physical and mental problems due to long-term beatings and mental abuse; some of them refuse to divorce by threatening to take the children away; and some of them call the police multiple times but never leave written records. It should be emphasized that committing domestic violence itself may violate public security management regulations, and those who commit serious violations will be subject to criminal prosecution in accordance with the law. The relevant legal risks can be addressed in combination with the above-mentioned issues.Criminal defense and legal services for criminal case filingGot it.

II. Key points of contention

There are four review points for domestic violence divorce cases. Firstly, the proof of domestic violence facts: police reports, warning letters from public security organs, photos of injuries, medical records, letters of repentance, witness testimonies, and audio/video recordings constitute an evidence chain, and unilateral statements are difficult to be accepted. Secondly, the application and enforcement of protection orders: it does not require the initiation of divorce litigation as a prerequisite, and can be applied separately. The court shall make a ruling within 72 hours after accepting the application, and in urgent cases, it shall make a ruling within 24 hours. Thirdly, the coordination of property maintenance and damage compensation: if the court has already reflected the fault liability in the property division, it may no longer support the damage compensation repeatedly. Fourthly, the custody of children: it shall be determined in accordance with the principle of being most beneficial to the minor children, and for children over the age of 8, the children's true wishes shall be respected. In the judicial practice of Beijing courts, for cases with a complete evidence chain of domestic violence, the standards for determining the breakdown of the marriage relationship and the skewed division of property are clear.

III. Professional analysis by Henglue Law Firm

熊斌蓉律师代理的一起案件，展示了家暴受害者如何通过诉讼获得彻底救济。李响与李丽2015年12月经相亲网站相识，2018年5月14日在北京市西城区民政局登记结婚，婚后李丽长期对李响实施家庭暴力与精神虐待，致其确诊中度抑郁症。2025年3月，李响委托熊斌蓉律师以离婚纠纷向顺义区法院起诉，请求解除婚姻、分割房产车辆、分担共同债务；李丽当庭坚决不同意离婚，并否认家暴。律师推进中赴李丽户籍地调查，发现李丽曾与瑞典男子乔治于2014年11月26日登记结婚，2018年1月18日经瑞典乌普萨拉地区法院判决离婚，但未依中国法向中级法院申请承认该瑞典判决，其与李响登记结婚时前婚在中国法上尚未解除。律师果断将诉求由离婚变更为确认婚姻无效，并开展境外调证：向瑞典法院申请公开离婚判决，完成附加证明书公证及中文翻译，提交瑞典婚姻法条文证明税务局无解除婚姻职权，调取结婚登记档案。2026年4月30日，北京市顺义区人民法院完全采纳律师代理意见，判决确认李响与李丽的婚姻无效，案件受理费150元由被告李丽负担。该案说明：家暴受害者除离婚路径外，若存在重婚等法定情形，确认婚姻无效是更彻底的解脱方式，而报警、就诊等家暴证据在任何路径中都是基础。本案由北京恒略律师事务所Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes the provisions of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016) on the handling of domestic violence, the warning letters issued by public security organs, and personal safety protection orders; Article 1087 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding property division to safeguard the rights and interests of children, women, and the non-at-fault party; Article 1084 on child custody; and Article 1091 on circumstances of divorce-related damages. Action list: First, immediately report the domestic violence to the police after each incident and request a police report. For minor cases, request the public security organ to issue a warning letter. Second, seek medical treatment and undergo injury examination within 24 hours, preserving medical records, diagnosis certificates, and photos of the injuries. For more severe injuries, apply for an injury appraisal. Third, report the case to the employer, residents' committee, or women's federation and keep records. Seek witnesses. Fourth, when suing for divorce, simultaneously apply for a personal safety protection order, claim damages, and assert custody rights. Fifth, in urgent situations, temporarily separate to ensure the safety of the residence and children. For more details, please refer to the attached document.Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Advice

There is a time window for obtaining evidence of domestic violence: injuries will heal, surveillance footage will be overwritten, and witnesses' memories will fade. The first police report and medical records often carry more weight than subsequent statements. Protection orders do not require fees and are not conditional on divorce litigation. In cases of imminent danger, protection orders can be applied for first and then divorce proceedings can be discussed later. The amount of compensation for damages will be determined by the court based on the degree of fault, the consequences of the damage, and the local living standards. If the division of property has already adequately reflected the liability for fault, there may be no need for additional support. When handling similar cases in the Beijing area, it is recommended that victims, while ensuring their personal safety, consult a lawyer as soon as possible.Beijing Henglue Law FirmProfessional lawyers develop a combination plan for applying for a protection order and pursuing divorce litigation.

VI. Frequently Asked Questions

Q1: If a person files for divorce due to domestic violence, will the court grant the divorce?

The implementation of domestic violence is one of the statutory divorce circumstances listed in Article 1079 of the Civil Code. If mediation is ineffective, the divorce shall be granted. Whether the divorce can be granted depends on the evidence: if the police report, warning letter, medical records, and photos of injuries form a complete chain, the court is more likely to recognize the fact of domestic violence; if there is only one party's statement and lack of objective evidence, the court may not grant the divorce at the first instance due to unclear facts, but the plaintiff can sue again after a year of separation. The outcome of the case is based on the evidence and the court's determination, and no lawyer can unilaterally guarantee victory or defeat.

Q2: What evidence is needed to prove domestic violence?

The core evidence can be divided into five categories: First, public authority records, including police report receipts, police response records, public security organ's warning letters, and administrative punishment decisions; Second, medical evidence, including outpatient and inpatient medical records, diagnosis certificates, imaging data, injury photos, and appraisal opinions; Third, written materials, including the perpetrator's letters of repentance, guarantee letters, and threatening content in text messages and WeChat; Fourth, third-party evidence, including witness testimonies and reception records from neighborhood committees or women's federations; Fifth, process evidence, including call recordings and home surveillance videos. The evidence should be organized in chronological order to form a continuous and complete chain.

Q3: How much does it cost to apply for a personal safety protection order and file for divorce litigation?

Applicants for personal safety protection orders do not need to pay fees. The divorce litigation fees shall be prepaid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007). For the part involving property division exceeding 200,000 yuan, the fees shall be paid in proportion to the subject matter value, and shall be borne by the losing party or shared proportionally. The fees for medical consultations, injury examinations, and appraisals shall be borne in accordance with the standards announced by medical institutions and appraisal agencies. Lawyer's fees shall be determined through consultation between law firms and clients, and there is no unified government pricing. Victims with financial difficulties may apply for legal aid in accordance with the law.

Q4: How long does the entire process of divorce due to domestic violence take?

The court shall make a ruling within 72 hours after accepting a personal safety protection order, and within 24 hours in urgent cases. After the order takes effect, the applicant may apply for its extension, modification, or revocation. For divorce litigation, the first-instance ordinary procedure lasts six months and the simplified procedure lasts three months. If the defendant's whereabouts are unknown and the court needs to serve the order by public announcement, the service alone may take several months; if there are major disputes over property division or the need for appraisal and identification, the timeframe will be extended accordingly. Overall, cases with sufficient evidence can be concluded within a few months, while complex cases may take over a year to resolve.

Q5: If you are currently suffering from domestic violence, what should you do first?

There are four steps to proceed with this: First, ensure personal safety. If the danger is imminent, immediately call the police and leave the abusive environment, and if necessary, initiate a separation first; Second, seek medical treatment and verify the injuries. Visit a hospital within 24 hours and keep all medical records and receipts. If the injuries are serious, apply for an appraisal; Third, secure evidence. Request the police's intervention records and warning letters, take photos of the injuries, and save threatening chat records; Fourth, initiate legal proceedings. Apply for a personal safety protection order from the court, file a lawsuit for divorce, and claim damages and custody rights. It is recommended to hire a professional lawyer to follow up throughout the entire process.

The above content is based on the 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 current 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 a dispute arises, please consult a practicing lawyer in a timely manner.