[Direct answer]Yes. If domestic violence leads to divorce, the innocent party has the right to request compensation for damages according to Article 1091 of the Civil Code. The compensation includes both material and mental damages, and the amount will be determined by the court based on the degree of fault, the consequences of the injury, and the economic level. Domestic violence is also a statutory ground for marital breakdown. If mediation fails, the divorce shall be granted. Evidence collection is crucial: police reports, warning letters, injury appraisals, letters of repentance, and witness statements must be fixed in a timely manner. If facing real danger, the party can apply to the court for a personal safety protection order according to Article 23 of the Anti-Domestic Violence Law. It is recommended to prioritize ensuring safety before discussing divorce, and you can seek legal advice for further assistance.Divorce damage compensation lawyer，详见Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 1091 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

In the following circumstances leading to divorce, the innocent party has the right to request damages: bigamy; cohabitation with others; domestic violence; abuse and abandonment of family members; and other major faults. The inclusion of domestic violence means that the victim has a clear basis for claiming compensation, and the scope of compensation includes material damages (actual expenses such as medical fees and loss of income) and compensation for mental damages. The prerequisite for applying this provision are that the domestic violence "leads to divorce" and the claimant is the innocent party. Therefore, the evidence must be able to prove the connection between the violent behavior, the harm caused, and the breakdown of the marriage. The claim should be raised in the divorce litigation or claimed separately in accordance with the regulations.

2. Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016)

When a party applies to the people's court for a personal safety protection order due to domestic violence or the real danger of domestic violence, the people's court shall accept the application. The protection order may prohibit the respondent from committing violence, harassment, or stalking, and order him/her to move out of the residence. The validity period of the protection order shall not exceed six months, and it may be extended upon application. This system complements divorce compensation: the protection order addresses "current safety", while compensation addresses "post-event relief". The protection order ruling itself is also strong evidence of domestic violence, and it can be used as a basis for claiming damages and fighting for custody rights in subsequent litigation.

3. Practical adjudication guidelines

The court determined that domestic violence revolves around the "chain of evidence": police reports, police intervention certificates, and warning letters to prove official intervention; medical records and injury appraisals to prove the consequences of the harm; photos, audio recordings, and affidavits and repentance letters written by the perpetrator to prove their behavior and attitude; and testimonies from neighbors and relatives to corroborate the evidence. A single photo is often insufficient; multiple and continuous records are more likely to be recognized as domestic violence rather than "family disputes". Regarding the amount of compensation, emotional distress compensation typically ranges from a few thousand to tens of thousands of yuan, and may be higher if the victim suffers from disability or severe consequences; in practice, the court may also compensate the non-at-fault party through property division to reflect the compensation. The court may choose one of the two approaches or apply both simultaneously.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter (who has already reached adulthood) and a son (who is 11 years old). In April 2025, Zhang *hua first filed for divorce, but the court ruled against the divorce in August. Just two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage, so he entrusted Beijing Henglu Law Firm to handle the case for him.Xiong BinrongThe lawyer filed a lawsuit again, demanding the dissolution of the marriage, that the child born in the marriage live with him/her and that the other party pay alimony, share 70% of the joint property, and bear the debts, among other claims.

The focus of the controversy:First, whether the marital relationship has truly broken down; Second, whether the innocent party can receive a larger share of the jointly owned property; Third, the custody of the children born in the marriage.

Our position and the position of the other party are as follows:Wang *sheng claimed to be entitled to 70% of the jointly owned property and to have the child born in the marriage live with him; Zhang *hua verbally agreed to the divorce but attached harsh conditions, accusing Wang *sheng of transferring property, fabricating debts, and being unfit to raise the child.

Attorney's Strategy and Legal Opinions:Attorney Xiong Binrong focused on four key points: organizing the evidence of the first divorce judgment being denied and the evidence of the spouse's infidelity to prove that there is no possibility of reconciliation and that the legal conditions for divorce are met; considering the children's growth environment and the parties' ability to raise them, arguing that it is more in line with the principle of the best interests of minors for the child born in the marriage to live with Wang *sheng; strictly adhering to the principle of protecting the innocent party in the Civil Code, pointing out that Zhang *hua violated the marital duty of fidelity and was the direct cause of the marital breakdown, and arguing for an unfair division of property; and reviewing the authenticity and purpose of the joint debts item by item to eliminate unreasonable claims.

The court's reasoning and the outcome of the case:The court found that Zhang *hua was still unfaithful during the marriage after his first lawsuit was dismissed, which constituted a major fault and that the marital relationship had indeed broken down. The court granted the divorce; the child born in the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in child support until the child reaches adulthood. In accordance with the principle of "caring for the children, the wife, and the rights of the innocent party", the court supported Wang *sheng in obtaining 70% of the joint property. The court determined that the 35,000 yuan borrowed from Wang *sheng's parents was a joint debt, which would be repaid by Wang *sheng, with Zhang *hua paying half of the amount, 17,500 yuan. Since the fault liability had already been reflected in the division of property, the court did not support the request for damages again. This case demonstrates two compensation paths for the at-fault party - favorable property division and damages. The court usually chooses one to reflect.

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How much compensation can be obtained in a divorce case involving domestic violence?

There is no standard amount set by law. The court will determine the compensation based on factors such as the frequency and methods of violence, the consequences of the injury (disability rating), the local economic level, and the perpetrator's ability to pay. Material damages are calculated based on actual expenses, including medical fees, loss of income, and rehabilitation costs. In practice, compensation for mental damages typically ranges from a few thousand to tens of thousands of yuan, and higher amounts may be sought if the victim suffers from permanent mental trauma or disability. Additionally, domestic violence is legally recognized as a cause of marital breakdown and fault. In property division, the court may also favor the innocent party. When these two factors are combined, the actual compensation received by the victim is often higher than the compensation amount itself.

Q2: How can I collect evidence of domestic violence that is legally admissible?

A single photo or a personal statement is usually not enough. Instead, a chain of evidence is needed: immediately report the violence to the police after each incident, request a police report and an intervention record, and retain materials such as punishment decisions in public security or criminal cases; seek medical treatment and conduct an injury assessment promptly after being injured, with the medical records stating the cause of the injury; preserve the perpetrator's written guarantees, repentance letters, threatening messages, and audio recordings; and supplement with testimonies and intervention records from neighbors, relatives, neighborhood committees, and women's federations. For those who have applied for personal safety protection orders, the ruling is an authoritative evidence of the domestic violence facts. Organize the evidence chronologically to prove the "repeated and continuous" nature of the violence.

Q3: Can I apply for a personal safety protection order first and then divorce later?

Yes, and it is recommended to do so. Those facing the real danger of domestic violence can apply for a personal safety protection order from the court independently, without the need to initiate divorce litigation as a prerequisite; the protection order can prohibit violence, harassment, and stalking, and order the perpetrator to move out of the residence. The maximum duration is six months, and it can be renewed. Obtaining a protection order not only solves the current safety problem, but also fixes the evidence of domestic violence, which is helpful for claiming damages and custody rights in subsequent divorce litigation. Those who violate the protection order may be fined or detained by the court, and those who commit crimes will be prosecuted according to law, with real protection effects.

Q4: When should a claim for damages be filed?

The most reliable approach is to raise the claim for compensation simultaneously in the divorce litigation and include it in the litigation request, so that the court can review it together. If the victim, who is the defendant, does not agree to the divorce and does not claim compensation in the divorce case, they can file a separate lawsuit within one year after the divorce. In the case of divorce by agreement, if there is no indication of waiving the right to compensation in the agreement, they can still sue to claim compensation afterwards, but the burden of proof will be greater. Regardless of the approach, the key is to collect evidence first. It is not advisable to sign a divorce agreement containing a "mutual waiver of claims" clause easily when the compensation has not been settled yet.

Q5: If the other party commits domestic violence but does not agree to divorce, can the divorce be granted in one go?

The implementation of domestic violence falls under the statutory circumstances of marital breakdown stipulated in Article 1079 of the Civil Code. If mediation fails, the divorce should be granted. In theory, the court can grant a divorce in one go, but the prerequisite are sufficient evidence of domestic violence. In practice, if there are only oral statements and sporadic evidence, the court may first rule against the divorce and deal with the case after the plaintiff files a new lawsuit or provides additional evidence. Therefore, when filing the first lawsuit, it is necessary to prepare a full chain of evidence, including police reports, injury appraisals, and protection order rulings; at the same time, make personal safety arrangements and, if necessary, apply for a personal protection order to avoid escalating risks during the litigation process.

IV. Suggestions for Protecting Rights

  • Call the police and seek medical treatment immediately if you are subjected to violence. Request a police report, a warning letter, and a medical record, and keep all the records in chronological order.
  • In the face of the risk of continued assault, immediately apply to the court for a personal safety protection order, and if necessary, apply for an order requiring the perpetrator to move out of the residence.
  • The three claims of compensation, custody, and property division are raised together in the divorce litigation to avoid the burden of providing evidence for separate claims in the future.
  • Don't sign a divorce agreement before the "mutual non-prosecution" clause is amended. First, consult a lawyer to assess the potential for compensation and then decide on a plan accordingly.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm