[Direct answer]Evidence of domestic violence should be collected along four lines: "reporting to the police and leaving records, seeking medical treatment and keeping records, electronically fixing evidence, and obtaining witness support". After each act of violence, promptly call 110 and request a police report, an interrogation transcript, and a domestic violence warning letter; seek medical treatment immediately to preserve medical records, diagnosis certificates, imaging data, and payment receipts, and apply for an injury appraisal if necessary; keep the perpetrator's guarantee letter, apology messages, audio and video recordings, and chat records; and the testimonies and work records of neighbors, relatives, neighborhood committees, and women's federations can also provide supporting evidence. According to Article 20 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016), the people's court may determine the facts of domestic violence based on evidence such as police reports and warning letters, and if the evidence is sufficient, the victim may apply for a personal safety protection order according to Article 23 of the law. When suffering from violence, the victim should prioritize leaving the dangerous environment and calling the police for help. For more details, please refer to the relevant provisions of the law.Special services and other case-related servicesAndBeijing Henglue Law Firm.

I. Problem Background and Typical Scenarios

It's difficult to collect evidence of domestic violence, mainly because the violence occurs in private spaces, the perpetrators deny it afterwards, and the victims are often too traumatized to provide evidence in a timely manner. Typical scenarios include: long-term victims of domestic violence who want to divorce and seek custody of their children, but only have scattered photos; those who are facing real danger and urgently need a personal safety protection order to isolate their partners; those who are suing for divorce but are denied by the other party who insists that "it's just a couple's argument", making it impossible to identify the fact of domestic violence; and those who suffer from mental violence such as insults, intimidation, and stalking, but don't know how to provide evidence. Evidence collection should not only serve the litigation goals, but also prioritize personal safety. If necessary, it's advisable to contact relevant organizations simultaneously.Divorce litigation and family dispute resolution servicesThe team plans divorce and custody arrangements.

II. Key points of contention

  • The evidence chain is broken: a single injury photo or a single medical visit record can easily be interpreted as an accident. The court needs a combination of evidence that is consistent in time and corroborated by each other in origin.
  • The conflict between evidence collection and safety: Evidence collection may provoke the perpetrator and lead to an escalation of the danger. Victims should collect evidence under safe conditions and prioritize calling the police for help rather than confronting the perpetrator on their own.
  • The evidence of mental violence is scattered: records of insults, threats, and harassment are scattered across chat tools and call logs, and it is necessary to regularly back up and retain the original carriers.

III. Professional analysis by Henglue Lawyers

The observations of Henglue Lawyers in marital and family cases are that the three types of evidence most valued by the court in determining domestic violence are the police station's response records and warning letters, injury appraisal opinions, and the perpetrator's self-acknowledged guarantee letters or apology records. When reporting the case to the police, it is essential to truthfully state the cause of the injury, so that the "being beaten" can be recorded in the police report. When seeking medical treatment, it is also necessary to explain to the doctor that the injury was caused by a beating, ensuring that the medical records are consistent with the facts and avoiding weakening the probative force by simply writing "fall injury". A personal safety protection order can be applied for separately, without being dependent on divorce litigation: a written or oral application can be submitted to the basic-level court where the applicant lives, the respondent lives, or where the domestic violence occurred. After accepting the application, the court shall generally make a ruling within 72 hours, and in urgent cases, within 24 hours. Audio and video recordings can be self-recorded. Filming during the conversation between the two parties or within one's own residence usually does not infringe on others' legitimate rights and interests, and can be used as evidence, but attention should be paid to preserving the original carrier. The court is more cautious in accepting the testimony of children, so it is advisable to use it in conjunction with other evidence.

IV. Practical suggestions and legal basis

Legal basis: Article 20 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016) stipulates that the court may determine the facts of domestic violence based on evidence such as police reports, warning letters, and injury appraisal opinions; Article 23 stipulates that if a party suffers from domestic violence or faces an actual risk of domestic violence, he/she may apply to the people's court for a personal safety protection order; Article 29 stipulates that the protection order may include measures such as prohibiting the implementation of domestic violence, prohibiting harassment and stalking, and ordering the removal from the residence; Article 30 stipulates that the validity period of the protection order shall not exceed six months, and it may be applied for revocation, modification, or extension before expiration. Article 1079 of the "Civil Code of the People's Republic of China" stipulates that if the mediation of domestic violence is ineffective, the divorce shall be granted; Article 1091 stipulates that the innocent party has the right to request compensation for damages. Practical suggestions: Archive evidence according to the timeline after each incident; promptly supplement medical treatment and appraisal after changes in injury; back up the original data before deleting chat records; directly call the police in the face of emergency danger, and for claims of personal injury compensation, it can be combined with other evidence to prove the cause of the injury and the relationship between the parties.Personal injury and medical dispute servicesEvaluate the plan.

5. Henglu Law Firm's Reminder

The first principle of collecting evidence of domestic violence is safety, and the second principle is timeliness. The vast majority of domestic violence cases fail because of the "lack of evidence at the first instance": no police report, no medical treatment, and the other party's apology and forgiveness afterward, which leads to the evidence being erased over time. It is recommended to make evidence awareness a daily habit: fix the timeline after each incident, and file the police report receipt, warning letter, medical records, photos, and chat records by date; properly keep the original guarantee letter written by the other party, which is itself self-incriminating evidence. The application threshold for personal safety protection orders is not high. If there is a real danger, don't wait until the "next time" to take action. If you need to assess whether the evidence meets the identification standards, or prepare for divorce and protection order applications, it is recommended to consult a professional lawyer as soon as possible to avoid suing hastily when there is insufficient evidence.

Q1: Can domestic violence be confirmed just based on photos and scars, without any police report?

It's more difficult to have a single piece of evidence admitted as evidence, but there are still remedies: report the police as soon as possible to explain the previous situations of violence, and form a police record; for injuries that haven't healed for long, you can apply for a judicial appraisal and combine it with subsequent medical records; at the same time, collect the other party's affidavits, apology chat records, and other self-admission evidence. The court does not require a single piece of evidence to be perfect when determining domestic violence, but rather whether the combination of evidence can form a time-continuous and mutually corroborating chain. It's far better to strengthen the evidence as soon as possible than to give up on providing evidence.

Q2: How to apply for a personal safety protection order, and what preparations are required?

Applications can be submitted to the basic-level court where the applicant or the respondent resides, or where the domestic violence occurred, either in writing or orally, and must be accompanied by evidence materials such as police reports, warning letters, medical records and photos of injuries, chat records, and affidavits. After accepting the application, the court shall generally make a ruling within 72 hours, and in urgent cases, within 24 hours. The protection order may prohibit the other party from committing domestic violence, harassing or stalking the applicant and his/her close relatives, and may order him/her to move out of the residence. The validity period shall not exceed six months, and the applicant may apply for an extension before the expiration. If the other party violates the protection order, the court may give him/her a warning, impose a fine, or detain him/her, and those who commit crimes shall be investigated for criminal responsibility.

Q3: Can private audio and video recordings be used as evidence of domestic violence?

Generally, it is allowed. Recordings made during conversations between the parties or in their own residences, as long as they are obtained without seriously infringing on others' privacy or violating prohibitive legal provisions, can be submitted as evidence. There are three key points in practice: retaining the original carrier, such as the mobile phone used for recording, and presenting it in court if necessary; preparing a written summary of the key content and marking the time; and avoiding entering others' private spaces to obtain evidence. If the other party admits to the content of the recording in the video and it is corroborated by the police report and medical records, the evidence will have stronger probative force, which can significantly increase the probability of the domestic violence being recognized as a fact.

Q4: What should I pay attention to when getting a medical examination for injuries?

Firstly, it's important to seek medical treatment at a regular hospital as soon as possible after an injury to avoid being unable to undergo examination after the injury has healed. Secondly, it's necessary to truthfully state the cause of the injury and clearly inform the doctor that it was caused by violence such as assault, ensuring that the medical records accurately reflect the facts and not to self-report the injury as a fall for fear of causing trouble. Thirdly, it's crucial to comprehensively preserve evidence, including taking photos of the injury site and keeping the medical records, diagnosis certificates, imaging reports, and payment receipts. Fourthly, it's necessary to apply for an injury appraisal when necessary, especially for serious or continuously changing injuries. Complete medical records, together with the public security organ's warning letter and appraisal opinions, constitute the core evidence for the court to determine domestic violence.

Q5: What are the consequences of suing for divorce when there is insufficient evidence?

The court may not recognize the fact of domestic violence, which in turn affects the divorce judgment and property and custody arrangements. If there is insufficient evidence to prove domestic violence, the first lawsuit may be ruled inadmissible, and the innocent party will also have difficulty claiming damages. It is recommended to spend time strengthening the evidence before suing, and apply for a personal safety protection order to ensure safety at the same time. If you insist on suing immediately, you should also truthfully state facts such as separation, calling the police, and seeking medical treatment, and apply to the court to retrieve the police records. If the lawsuit is rejected after being hastily filed, it will not only prolong the process, but also may make the other party more vigilant and destroy evidence, thus putting yourself at a disadvantage.

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 limit.Specialised services Legal services·Beijing Henglu Law Firm