Domestic violence refers to physical, mental and other violations committed by family members in the form of beatings, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation. Domestic violence is an illegal act that violates human rights and endangers society. So what are the legal responsibilities for committing domestic violence?
First of all, civil liability, the Civil Code clearly prohibits domestic violence, and lists domestic violence as a legal reason for determining the breakdown of the relationship between husband and wife. Where domestic violence causes the relationship between the husband and wife to break down, the court may be requested to grant a divorce, and the victim who is not at fault may claim compensation for divorce damages from the perpetrator of domestic violence.
Second, administrative liability, according to the provisions of the Public Security Administration Punishment Law, where the commission of domestic violence does not constitute a crime, is generally sentenced to detention of not less than 5 days but not more than 10 days, and a fine of not less than 200 yuan but not more than 500 yuan; If the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. If there is any abuse of a family member, the person may be detained for up to five days or given a warning. Where the circumstances of domestic violence are relatively minor, and public security administrative sanctions are not given in accordance with law, the public security organs are to criticize and educate the perpetrator or issue a written warning.
Third, criminal responsibility, serious domestic violence is suspected of intentional injury, abuse, insult, illegal detention, violent interference with the freedom of marriage, and ** crimes in the Criminal Law. Therefore, domestic violence involves both civil and criminal liability. Where civil entities shall bear criminal responsibility and civil liability for the same conduct, the bearing of criminal liability does not affect the bearing of civil liability.
Finally, a victim of domestic violence may apply for a personal safety protection order from the basic level people's court of the applicant's or the respondent's place of residence or the place where the domestic violence occurred, and the evidence to be submitted includes: the identity information of the applicant and the respondent, and evidence proving that the applicant has suffered domestic violence or is facing a real danger of domestic violence, including hospital certificates, medical records, video materials, public security organ certificates, social organization certificates, and witness testimony.