[Direct answer]In the Beijing area, it is possible, and domestic violence is a statutory ground for divorce—the Civil Code explicitly lists "committing domestic violence" as one of the statutory grounds for granting divorce when mediation fails. This means that clear evidence of domestic violence can greatly increase the likelihood of obtaining a divorce on the first attempt. At the same time, victims can claim damages for divorce, seek favorable custody rights for their children, and, in dangerous situations, apply for personal safety protection orders. For victims of domestic violence seeking divorce, the key steps are: first ensure safety, then gather evidence, and finally proceed with legal procedures.

I. Problem Background and Typical Scenarios

After being beaten, the other party apologized and begged for reconciliation, and you relented and withdrew the police report. You endured it the second and third times, but when you wanted to divorce, you realized that there were no police reports or injury reports, and verbal promises were not enough. The greatest difficulty in getting a divorce due to domestic violence has never been "whether it's possible to divorce", but "how to turn what has happened into evidence recognized by the court".

II. Key points of contention

Firstly, a list of evidence of domestic violence. Secondly, the application for a personal safety protection order. Thirdly, the impact of domestic violence on divorce, property, and custody rights. Fourthly, the claim for damages in divorce.

III. Professional analysis by Henglue Lawyers

The first level: Prioritizing evidence fixation: Police reports and response certificates (it's necessary to report every incident, and police reports are the most solid official evidence), injury reports and medical records (with time-stamped photos of injuries), warning letters (written warnings issued by public security authorities for minor domestic violence, with clear court validity), perpetrators' guarantee letters and confession recordings, witness testimonies, and surveillance footage – under evidentiary rules, domestic violence does not require proof of "every-time beating"; a continuous and targeted chain of evidence is sufficient to establish the case. In practice, the most common mistake is "reporting the police once and leaving no evidence afterward," so consistent documentation of every incident is essential to complete the evidence chain. The second level: The independent value of personal safety protection orders: Victims of domestic violence or those facing imminent danger can apply for protection orders from the court – prohibiting harassment and stalking, ordering the perpetrator to move out of the residence, and banning access to the victim's and children's residences and schools. Protection orders do not require initiating divorce proceedings first and can be applied independently. Decisions are made within 72 hours (or urgently within 24 hours). Violations of protection orders are treated as refusal to comply, and serious cases constitute a crime of refusing to enforce court orders. It serves as a switch to elevate "personal danger" from a domestic matter to a legally enforceable state. When danger exists, applying for protection orders should always be the first step. The third level: The triple leverage of domestic violence in divorce cases: 1. Judgment of divorce – a statutory ground for marital breakdown, with significantly higher chances of obtaining a divorce when evidence is solid. 2. Custody rights – perpetrators are a clear minus factor in custody evaluations, making it more likely that children will be awarded to the victim. 3. Property division – under the principle of protecting the innocent party's rights, victims of domestic violence can claim a larger share of assets. Additionally, divorce damages compensation (material losses plus mental distress compensation) under Article 1091 of the Civil Code applies in domestic violence cases, noting that it should be filed concurrently with property division claims. The fourth level: Simultaneous progress in procedures and psychological support: - Don't be discouraged if the first lawsuit is dismissed – continue living separately after the judgment takes effect, consistently documenting evidence, and filing again after six months greatly increases the divorce rate. - The second lawsuit with statutory domestic violence circumstances is almost a foregone conclusion. - Be vigilant against the "violence – apology – honeymoon – violence" cycle. Mediation agreements can include breach clauses (forfeiting property concessions upon recurring violence), turning the perpetrator's remorse into enforceable legal obligations. - For help channels: Dial 110 for police reports, 12338 for the Women's Federation hotline, and shelters are available at all stages.

IV. Practical Suggestions and Legal Basis

The first step is to prioritize applying for a personal safety protection order in dangerous situations; the second step is to call the police, seek medical treatment, and keep the warning letter after each domestic violence incident; the third step is to simultaneously claim divorce, custody rights, a larger share of property, and compensation for damages when filing a lawsuit; the fourth step is to continue to collect evidence of separation if the first divorce petition is not granted, and then file a lawsuit again after six months. The main legal basis includes Articles 1079, 1087, and 1091 of the Civil Code of the People's Republic of China, relevant provisions of the Anti-Domestic Violence Law of the People's Republic of China, and rules related to preservation and protection orders in the Civil Procedure Law of the People's Republic of China. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points for divorce due to domestic violence: Report the case to the police, obtain a medical certificate, and keep all evidence; Apply for a protection order independently; Prioritize personal safety at all times; Divide marital assets and seek compensation for property damage in the divorce proceedings; Submit all four claims simultaneously. For matters related to divorce due to domestic violence and protection orders, you can seek assistance through the following channels:Divorce litigation and family disputesThe service provides a comprehensive solution, and in cases involving personal injury compensation, it can be combined with other services.Personal injury and medical disputesFor plates, those involving emergency response can be referred to for referenceSpecial servicesFor columns related to property preservation, you can consult us for further informationCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can a single incident of being beaten be considered domestic violence?

Yes; the determination of domestic violence does not require a specific number of incidents. Even a single act of violence, supported by evidence such as a police report and medical examination results, can be considered as domestic violence.

Q2: Can I just provide the photos of my injuries without reporting the case to the police?

The effect is weak; seek medical treatment as soon as possible, keep the medical records and report the case to the police as soon as possible. At the same time, collect chat records and witness statements to strengthen the evidence.

Q3: Do I need to get a divorce first before applying for a protection order?

No; a protection order is independent of divorce proceedings, and it can be applied for separately if one is in danger.

Q4: Will the perpetrator of domestic violence be ordered to leave the home with nothing?

There is no system of leaving the house empty-handed; however, one can claim a larger share of the property and compensation for damages caused by the divorce, the specific amount of which will be determined by the court.

Q5: Is emotional coldness considered domestic violence?

Ongoing mental abuse can constitute domestic violence, but it is difficult to provide evidence, and comprehensive proof such as psychological counseling records and audio recordings are needed.

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.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence 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 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.