[Direct answer]In the event of divorce due to domestic violence, you can seek compensation. According to Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021), domestic violence is a statutory ground for divorce-related damages compensation. The non-at-fault party may request compensation for material and non-material damages upon divorce. At the same time, domestic violence itself is also an important basis for the court to determine the breakdown of the marriage and grant a divorce. The key lies in promptly securing evidence such as police reports, injury appraisals, medical records, and warning letters, and claiming compensation in the divorce litigation. It is recommended that victims of domestic violence immediately report the case to the police, seek medical treatment, and apply for a personal safety protection order before suing for divorce and claiming compensation. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

1. Problem background and typical scenarios

Domestic violence victims often find themselves in a dilemma of "wanting to leave but being afraid": they want to end the marriage and seek justice, but they are worried about the difficulty of providing evidence and the possibility of retaliation from the other party. Typical scenarios include: long-term suffering from beatings, verbal abuse, and mental control; the man threatening the victim with the children or financial issues; calling the police after a violent conflict, but reconciling with the perpetrator afterwards without fixing the evidence; and continuous harassment and intimidation from the perpetrator after divorce or separation. Many victims mistakenly believe that "if they haven't been hospitalized, it doesn't count as domestic violence" or "if the other party apologizes, they can't seek compensation". In practice, domestic violence is not solely judged by the severity of the injuries, and any persistent or controlling behavior can constitute domestic violence. For cases involving violence and injury, the determination can be based on the following factors:Criminal defense and case filing servicesEvaluate them together.

II. Key points of dispute

The focus of the dispute centers on three points. Firstly, the determination of domestic violence: a single beating, long-term psychological abuse, and restriction of personal freedom may all be recognized, and the key lies in a complete chain of evidence. Secondly, the scope and amount of compensation: including material damages (medical expenses, loss of income, etc.) and compensation for mental damage, the amount of which is determined by the court based on the degree of fault and the consequences of the damage. Thirdly, the linkage with property division and custody: the party involved in domestic violence may receive a smaller share in property division and have a harder time winning custody. In the judicial practice of Beijing courts, the standards for accepting police reports, injury appraisals, and medical records are relatively clear, and evidence with sufficient validity is more likely to gain support. For issues involving property safety, reference can be made to the relevant provisions.Real estate sales and construction project services.

III. Professional analysis by Hengluo Lawyers

Take the marital effectiveness dispute case handled by our firm as an example to illustrate the approach to handling marital cases related to domestic violence. Li Xiang and Li Li met in 2015 and registered their marriage in Xicheng District, Beijing on May 14, 2018. After marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglu Law Firm to sue for divorce. During the lawyer's investigation, it was found that Li Li had registered her marriage with a Swedish man in 2014 and was divorced by a Swedish court in January 2018, but she did not apply to the intermediate court for recognition according to Chinese law. Therefore, the previous marriage was not dissolved, constituting bigamy. The lawyer therefore changed the claim to confirm the invalidity of the marriage. The lawyer conducted overseas evidence collection, applied to the Swedish court for disclosure of the judgment, obtained additional certificates and notarized translations, and accurately cited the provisions on recognizing foreign divorce judgments, pointing out that foreign judgments must be recognized by the intermediate court to take effect. The People's Court of Shunyi District, Beijing adopted the lawyer's opinion and ruled to confirm the invalidity of the marriage on April 30, 2026. This case was handled by Beijing Henglu Law Firm.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 core basis is Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates that the grounds for divorce damages include domestic violence, bigamy, cohabitation, abuse, and abandonment; Article 1079, which stipulates that if mediation of domestic violence fails, the divorce shall be granted; Article 1087, which stipulates that the property shall be divided in favor of the children, the wife, and the innocent party; and the provisions of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016) regarding protection orders and warning letters. Practical suggestions: In the event of domestic violence, immediately report to the police and request a warning letter, seek medical treatment and undergo injury appraisal in a timely manner; collect chat records, audio recordings, photos, and witness statements; apply for a personal safety protection order; and claim damages and a reduced share of property in divorce litigation. Where there is an intertwining of family jointly owned property, it can be combined with other relevant provisions to handle the case.Inheritance succession and family property division servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and without any errors.

5. Hengluo Law Firm's Reminder

The first priority for victims of domestic violence is "safety first, then seeking justice". Never give up collecting evidence just because the other party apologizes or threatens you. Every act of violence should leave a traceable record. You need to actively claim compensation for damages in divorce litigation, as it will be more difficult to sue separately after divorce. At the same time, you can claim that the party who committed domestic violence should receive a smaller share of the property and it will be more difficult to win custody rights. If you face real danger, please apply for a protection order and call the police first, and then entrust a lawyer to plan the divorce and compensation in an overall way. For more procedural issues, please refer to the relevant materials.Special services and other case services.

VI. Frequently Asked Questions

Q1: If I get a divorce due to domestic violence, am I guaranteed to receive compensation?

Domestic violence is a statutory basis for compensation, but the establishment of compensation presupposes that there is sufficient evidence to prove the existence of domestic violence, rather than a promise of the outcome. The court will comprehensively consider the police reports, injury appraisals, medical records, warning letters, and witness testimonies to determine whether the evidence is sufficient. If the non-at-fault party has the right to request compensation for material and moral damages, whether the claim will be supported and the amount of compensation will depend on the degree of fault and the consequences of the damage. A lawyer will help you systematically fix the evidence and increase the likelihood of your claims being accepted.

Q2: What evidence do I need to prepare if I want to claim compensation for domestic violence?

The core evidence includes: the police's on-site investigation records, warning letters, and interrogation transcripts; photos of injuries, medical records, and forensic appraisal opinions; chat records and audio recordings of threats and intimidation; records of intervention by women's federations and neighborhood committees; and witness statements from children, neighbors, etc. The evidence should be organized around the three aspects of "the actual occurrence of domestic violence, its connection to the other party, and the resulting harm". It is more advantageous to fix the evidence as early as possible to avoid difficulties in obtaining evidence after the injury heals or the records are lost.

Q3: What are the approximate costs of hiring a lawyer and litigating in a domestic violence-related divorce case?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the property dispute, and shall be borne by the losing party; the damages shall generally be included in the fees for divorce cases. The attorney's fees shall be negotiated between the law firm and the client. Marriage and inheritance cases are not allowed to use the risk-sharing agency system according to law, and the specific fees shall be subject to the contract of entrustment. There is no nationwide standard pricing. It is recommended to first understand the fee details, and then weigh the costs against the compensation and property benefits that can be obtained.

Q4: How long does it usually take from experiencing domestic violence to obtaining compensation?

If the claim is raised together with the divorce proceedings, the timeframe depends on the divorce process: the first-instance ordinary procedure shall be concluded within six months, and the simplified procedure within three months. If the first lawsuit fails to obtain a divorce judgment, the claimant must file a new lawsuit after being separated for at least one year. The compensation claim will be handled simultaneously with the divorce judgment, without the need for lengthy waiting. However, if the claimant files a separate lawsuit for compensation after the divorce, it will be subject to the three-year statute of limitations and face greater difficulties in providing evidence. It is recommended to raise the claim together with the divorce proceedings to avoid delays.

Q5: I want to divorce and claim compensation due to domestic violence. What should I do first?

There are four steps recommended: Firstly, immediately call the police and request a warning letter and a written statement, seek medical treatment and have the injury appraised in time, and keep photos and records throughout the process; Secondly, apply for a personal safety protection order to stop further infringement; Thirdly, collect materials related to the other party's fault, property, and children, and list the claims for compensation and division of property; Fourthly, entrust a lawyer to claim divorce, damages, and a smaller share of property in the divorce litigation. Keep all documents throughout the process to provide a clear record of rights protection.

The above content is based on the judicial practice 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 about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Hengluo 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. In the event of a dispute, please consult a practicing lawyer in time.