[Direct answer]In the Beijing area, yes, and domestic violence is a major plus factor for the victim. The court determines the custody rights based on the principle of "what is most beneficial to the minor children". The violent behavior of the abuser directly damages the physical and mental health of the children, and in principle, he/she is not suitable to directly raise the children. The victim's claim for custody rights is not only likely to be supported, but also can simultaneously apply for a personal safety protection order to fix the evidence and isolate the risk.

1. Problem background and typical scenarios

The party experiencing domestic violence often falls into a double fear: they fear that they cannot live without the marriage, and they also fear that the children will end up in the hands of the abuser after the divorce. The judicial attitude has been clear - domestic violence is not a domestic matter, and the abuser is naturally at a disadvantage in the custody battle, but the prerequisite are that the victim can present the facts of domestic violence with evidence.

II. Key points of contention

First, how to determine the facts of domestic violence and which evidence can be admitted. Second, the weight of domestic violence factors in the determination of custody rights. Third, the coordination between personal safety protection orders and custody rights litigation. Fourth, whether two or more children must be "one for each parent".

III. Professional analysis by Henglue Lawyers

The first layer: Evidence is the lifeline for domestic violence determination. Documents such as police reports and response records, warning letters, injury assessments, medical records, injury photos, the perpetrator's repentance letters and guarantees, chat recordings of threats and intimidation, mediation records from neighborhood committees and women's federations, and witness testimonies are all legally admissible evidence. The personal safety protection order itself is a court-issued written confirmation of the domestic violence facts, which carries great weight in subsequent divorce and custody litigation. The second layer: The logic of custody determination. According to Article 1084 of the Civil Code, custody of children aged over two years shall be decided in accordance with the principle of "what is most beneficial to the minor child" — if the perpetrator directly raises the child, it means the child is exposed to the risk of violence and a fearful environment, which directly conflicts with the "most beneficial" principle. Many courts have explicitly ruled that the perpetrator is generally not suitable to directly raise the child, and the victim has a clear advantage in claiming custody rights. The third layer: Procedural cooperation. First, apply for a personal safety protection order (which can be applied for separately without first filing a divorce lawsuit), while collecting evidence simultaneously. In divorce litigation, claim custody rights and demand the perpetrator pay child support. Where children are involved (over eight years old), their perception of the violent environment is an important reference. The fourth layer: Avoid mechanical equal division of child custody. In practice, "one child to each party" is just a common convention, not a hard rule. When the father neglects child-rearing and the children have formed a stable living environment with the mother for a long time, the court can break with the convention and award both children to the victim. Cases where the mediation breaks with "one child to each party" and secures full custody rights for the mother do exist, with the key lies in proving the stable living environment and the adverse comparison with the perpetrator's violence risk. The fifth layer: Practical advice: Report domestic violence to the police and seek medical treatment immediately. Archive medical records and police reports in chronological order. Apply for a protection order from the court and keep the ruling. When claiming custody rights, provide evidence along two lines: "stable living environment + the perpetrator's violence risk". If necessary, apply for psychological assessments and social worker investigation reports to assist the case.

IV. Practical suggestions and legal basis

The first step is to call the police and seek medical treatment to fix the evidence of the injury; the second step is to apply for a personal safety protection order; the third step is to provide evidence to claim custody rights in the litigation; and the fourth step is to consult and present the wishes of children aged eight and above. The main legal basis: Articles 1079 and 1084 of the Civil Code of the People's Republic of China, Articles 16 and 23 to 27 of the Anti-Domestic Violence Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points regarding custody in domestic violence cases: The chain of evidence determines the determination of domestic violence; the police's warning letter and protection order form a complete package; the abuser is generally not suitable to directly raise the child; the principle of maximizing the interests of minors is the focus of the court's ruling; there's no need to follow the tradition of assigning one child to each parent; and maintaining a stable upbringing environment is the key to solving the problem. This case was handled by Beijing Henglu Law Firm.He NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as an agent. For cases involving domestic violence protection and custody disputes, you can contact us through the following channels:Divorce litigation and family disputesYou can combine the services to obtain a comprehensive solution involving personal injury claims.Personal injury and medical disputesFor reference, you can check the sections related to protection orders and emergency responsesSpecial servicesFor those who want to handle both assets and debts together, you can seek advice from the columnCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can domestic violence still be confirmed even if there is no police report?

It's not impossible, but it's challenging. Medical records, photos of injuries, letters of repentance, witness statements, and chat records can all be combined to provide evidence. In the future, if you encounter domestic violence again, you must call the police. A warning letter is one of the most effective pieces of evidence.

Q2: Will a personal safety protection order affect the custody decision?

Yes. The protection order ruling means that the court has determined that domestic violence has occurred, which is an important adverse factor in the determination of custody rights and is extremely unfavorable to the perpetrator of the violence.

Q3: If the other party commits domestic violence against me, will the child be awarded to me, but will the other party still have visitation rights?

The right to visit is generally still retained, but it can be claimed that the visiting method is restricted (such as supervised visits), and if necessary, it can be requested to suspend the visit until the danger is eliminated.

Q4: Do the two children necessarily each get one?

Not necessarily. The principle of putting the best interests of minor children first takes precedence over tradition. If the children have been living with one parent for a long time, and the other parent has been involved in domestic violence or neglected their upbringing, there are many precedents supporting the decision to award custody of the two children to one parent.

Q5: Is it considered domestic violence if there's only verbal threats and no physical violence?

Frequent verbal abuse, intimidation, and other forms of psychological harm are also considered domestic violence, and victims can apply for personal safety protection orders. In custody judgments, psychological violence is given the same consideration as physical violence.

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 Henglue Law Firm about specific situations.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets. They are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The typical anti-domestic violence cases (from a local court) issued by the Supreme People's Court in 2025
[Judicial Summary]The man committed domestic violence against the woman, and the court determined that the domestic violence directly harmed the physical and mental health of the minor children. According to the principle of what is best for the minor children, the court ruled that the children should be directly raised by the victim, Su*. Key points: Domestic violence is not an internal family conflict, but an illegal act. The perpetrator of the violence should not, in principle, directly raise the children. The victim's claim for custody can be supported.
[Source]China Court Online (Typical Cases of Anti-Domestic Violence by the Supreme People's Court· Ji * and Su * Case of Changing the Custody Relationship) (2025-11)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Longhua District, Shenzhen City, Guangdong Province
[Judicial Summary]The father repeatedly committed domestic violence against his children. The mother sued for divorce and claimed custody rights. The court ruled that both children would be raised by the mother, and issued two personal safety protection orders at the mother's request. Key points: The perpetrator of repeated domestic violence may not only lose custody rights, but also face continuous constraints from personal safety protection orders.
[Source]South + (Report on Domestic Violence and Child Custody Cases in Longhua Court, Shenzhen) (2025)

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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 a timely manner.