[Direct answer]In the Beijing area, if domestic violence leads to a breakup of the relationship and a lawsuit for divorce, evidence is the key to obtaining a divorce judgment and protecting one's rights. According to Article 1079 of the Civil Code of the People's Republic of China, if mediation in cases of domestic violence fails, the divorce shall be granted; Article 1092 stipulates that if the spouse hides or transfers jointly owned property, the share of the property may be reduced or not distributed at all. Core evidence includes police reports, photos of injuries, police intervention and warning letters, medical records, audio-visual materials, witness statements, and chat records. It is recommended to call the police and seek medical treatment as soon as possible to preserve evidence, and if necessary, apply for a personal safety protection order in accordance with the Anti-Domestic Violence Law. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

I. Problem Background and Typical Scenarios

Domestic violence divorce cases are often encountered among victims who have long suffered from physical or psychological violence from their spouses. They often delay seeking evidence due to concerns about their children, financial dependence, or fear of retaliation. Typical situations include: not reporting occasional physical conflicts to the police, only having photos of injuries but no police records; suffering from cold violence and verbal abuse but having difficulty preserving evidence; and not knowing how to file a lawsuit again after being ruled against divorce in the first lawsuit. Physical injuries can also lead to further legal disputesPersonal injury and medical dispute servicesFixed medical evidence. The earlier the evidence is obtained, the higher the likelihood of obtaining a divorce and dividing more property.

II. Key points of contention

There are three main points of contention. Firstly, the standard for identifying domestic violence: occasional disputes should be distinguished from persistent and frequent domestic violence, and the court needs to assess the strength of the evidence. Secondly, the burden of proof for marital breakdown: a single police report may not be sufficient to grant a divorce, and a complete chain of evidence is required. Thirdly, the impact on custody and property rights: domestic violence is an important factor for the innocent party to claim more property and custody rights. For cases involving allegations of property transfer, reference can be made to relevant legal provisions.Business and contract dispute services for enterprisesClarify the flow of funds.

III. Professional analysis by Henglue Law Firm

Take a divorce dispute handled by our firm as an example. Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter. Due to marital discord, they separated on August 11, 2024. On September 18, 2025, Ms. Li filed for divorce, claiming custody of the child, high alimony, stock trading funds of 2.67 million yuan, economic compensation of 100,000 yuan, and a temporarily increased loan of 1 million yuan. Mr. Liu entrusted Attorney Liu Xiangying from Henglue Law Firm to represent him, adopting a strategy of "mediation-based and litigation-assisted". He refuted the woman's unsubstantiated claims for high property compensation and demonstrated flexibility in visitation rights. Ultimately, the court issued a Civil Mediation Agreement, which completely reversed the original claims: the woman paid 500,000 yuan to the man, and the man obtained clear and specific monthly pick-up visitation rights. Attorney Li Yonghui from the same firm also assisted a woman who was a victim of domestic violence in obtaining custody of the child and a fair division of property worth over 2.3 million yuan. Attorney Yu Dawei, meanwhile, helped a client obtain a divorce judgment in a second lawsuit in accordance with Article 1079 of the Civil Code. This case was handled by Beijing Henglue Law Firm.Liu Xiang YingAttorney (Practice Certificate No.: 11101201511343795, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1079 of the Civil Code (effective from January 1, 2021), which stipulates that if mediation for domestic violence fails, the divorce shall be granted; Article 1084, which stipulates that the principle of child support should be in the best interests of the minors; and Article 1092, which stipulates that the party at fault shall receive a smaller share or no share of the property; as well as the provisions of the Anti-Domestic Violence Law (effective from March 1, 2016) regarding reporting to the police, issuing warning letters, and issuing personal safety protection orders. Practical suggestions: Report to the police immediately after being subjected to violence and request a written record; seek medical treatment promptly and keep the injury and medical records; save photos, audio recordings, and chat records; apply for a protection order if necessary; and file a lawsuit again after a certain period of separation following the first judgment of non-divorce. For matters involving the coordination of rights and interests, assistance from relevant organizations can be sought.Special services and other case services.

5. Henglu Law Firm's Advice

When getting a divorce due to domestic violence, it's most important not to "endure and not take action". Reporting to the police and seeking medical treatment immediately are the two key points in establishing a chain of evidence. The warning letter and protection order can not only prevent recurrence but also serve as evidence for the divorce judgment. Do not delete records just because the other party later wants to make up; chat records and photos of injuries should be preserved in their original form. It's not terrible if the first lawsuit does not result in a divorce. It's usually easier to prove the breakdown of the marriage after a certain period of separation. Regarding custody and property division, domestic violence can serve as an important basis for the innocent party to claim more property and custody rights. It is recommended to consult a professional lawyer as soon as possible to systematically collect evidence.

VI. Frequently Asked Questions

Q1: Can a divorce be granted if there is evidence of domestic violence?

Domestic violence is an important circumstance that legally justifies divorce, but there is still a need for the evidence to reach a certain level of strength between "having evidence" and "necessarily granting a divorce". According to Article 1079 of the Civil Code, if mediation for domestic violence is ineffective, divorce should be granted; if the evidence can prove the fact of domestic violence and mediation is ineffective, the court usually grants a divorce. However, if there are only isolated occasional records of disputes and a lack of supporting evidence such as police reports or medical treatment records, it may be regarded as ordinary marital conflicts. Therefore, the key is to form a chain of evidence that corroborates each other, such as police reports, injury records, medical treatment records, and chat records, rather than relying on a single piece of evidence. Professional lawyers can help assess whether the evidence is sufficient.

Q2: For a domestic violence-related divorce lawsuit, what evidence do I need to prepare?

The core evidence includes: police reports and police response registration forms (to prove the occurrence and handling of the incident), injury photos and medical records (to prove the consequences of the injury), warning letters or administrative punishment decisions from public security organs, audiovisual materials and recordings (to prove the process of violence), threatening and insulting records such as WeChat messages, witness statements from children or neighbors, and the other party's repentance letters or guarantee letters. The organization of evidence should focus on the "violent behavior - injury consequences - causality". The more systematic the materials are, the better they can support the judgment of divorce and subsequent claims for property and custody, and avoid the difficulty of admitting isolated evidence.

Q3: How much do lawyers charge and what are the litigation fees for a divorce case involving domestic violence?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Fees" and accumulated in stages based on the amount of the litigation request. For cases involving property division, the fees are calculated based on the value of the property, and the losing party shall bear them. The attorney's fees depend on the complexity of the case, whether it involves custody and property disputes, and the workload. They are charged on a per-item basis or based on a percentage of the value of the case, and the specific fees are subject to the contract of engagement. There is no unified government pricing for these fees. The application for a personal safety protection order itself is relatively low-cost. It is recommended to first evaluate the evidence and claims, clarify the scope of fees and refund conditions, and weigh the cost of protecting rights against the potential benefits before entrusting a lawyer to handle the case.

Q4: How long does it usually take to finalize a divorce case involving domestic violence?

The length of the process depends on the procedures and evidence. If it's the first lawsuit and there's sufficient evidence of domestic violence and the other party agrees to divorce, the case may be mediated or adjudicated relatively quickly. However, if the other party firmly refuses to agree and the evidence is relatively weak, the case will be concluded within six months in the first-instance ordinary procedure and three months in the simplified procedure, but there's a possibility that the divorce will be denied. In practice, if the parties separate for a certain period of time after the first judgment of non-divorce and file a lawsuit again, the court usually concludes that the marriage has broken down and grants the divorce. Cases involving complex issues such as custody and property division may take longer. Overall, simple cases may take several months, while more contentious cases may span years. It is recommended to prepare for the expected duration of the process and continue to collect evidence throughout the process.

Q5: If I want to divorce due to domestic violence, what should I do first?

The suggested four-step approach is as follows: First, ensure your own and your children's safety. If necessary, leave home or seek help from relatives and friends, and keep emergency contact information; Second, immediately report the case to the police, request the public security organ to dispatch officers, take statements, and apply for a warning letter if necessary. At the same time, go to the hospital for medical treatment to keep records of the injuries; Third, systematically fix evidence, including photos, audio recordings, chat records, guarantee letters, and witness information, and never delete them easily; Fourth, consult a professional lawyer to assess whether to apply for a personal safety protection order and formulate a prosecution or mediation plan. Throughout the process, safety should be the top priority, and evidence should be preserved at all times.

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 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. →Divorce litigation legal services·Attorney Liu Xingying·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 case of disputes, please consult a practicing lawyer in time.