There are many kinds of domestic violence, including some serious domestic violence. According to Article 26 of China's Marriage Law, domestic violence refers to the physical and mental violations committed by family members by means of beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation. Therefore, domestic violence within marriage is illegal and should be punished by law. Domestic violence protection is a domestic violence protection signed by both parties on the basis of a clear agreement on domestic violence before marriage. After divorce, the commitment letter signed by both parties at the time of divorce can be considered valid, thus effectively preventing, stopping and infringing on domestic violence.

First, the content of domestic violence protection

The letter of guarantee is a prenuptial agreement to protect the legal marriage relationship of couples before marriage, and will not let domestic violence infringe on the legitimate rights and interests of both parties. Domestic violence guarantee is an effective measure to prevent domestic violence. Generally, the domestic violence guarantee will have the guarantor's signature. If it is not handwritten, it needs the signature of both husband and wife to be effective. A letter of guarantee generally includes the following contents: 1. "All illegal acts and all faults such as hurting yourself and others, hurting others' personality before marriage". Second, "domestic violence is the right and obligation of both parties". Third, "domestic violence is a physical and mental aggression that occurs in the lives of family members"; Fourth, "domestic violence has a great influence on children's future"; I hope the man will do his duty to support the woman. I hope the woman will give him some financial compensation. I hope the man will take the initiative to file for divorce. I hope that if I find that the other party has domestic violence in the future, I will inform the man in time. If the other party makes the same mistake again, I am willing to save this relationship with my life and precious time. I voluntarily assume all legal responsibilities. XI。 If I find domestic violence, I am willing to accept all legal issues including marriage, child support and other property division. Twelve. If I find domestic violence in communication with the other party, I am willing to take the initiative to receive treatment and cooperate with the divorce. Thirteen. If I cause personal safety injury or other mental damage, both husband and wife shall bear the cost of rights protection. Fourteen Other related contents.

Second, how to identify the domestic violence guarantee?

The contents of the letter of guarantee should be objective and not exaggerated. If the content of the letter of guarantee is domestic violence before marriage and there is an agreement, then the letter of guarantee is legally protected by law. If you violate the contents of the guarantee, it is a "domestic violence" situation. There is no specific provision on domestic violence in China's Marriage Law, so it is difficult to judge that domestic violence does not belong to the category of domestic violence in practice. However, in judicial practice, this kind of guarantee often happens. Many domestic violence guarantees are signed or sealed by both husband and wife, which often leads to the misunderstanding that "domestic violence guarantees can take effect during marriage" in judicial practice. Therefore, in order to safeguard our legitimate rights and interests in marriage, we should understand and master how to safeguard our rights and interests after divorce.

3. What should I pay attention to in divorce by agreement?

When divorcing, both parties should carefully choose the divorce method, which is the premise of handling the registered divorce. First of all, the two sides should reach an agreement on the division of property. It is necessary to determine the amount of property owned by both parties and divide it according to a certain proportion after reaching an agreement. If the husband and wife are not clear about the division of property, they should be divided after consultation; If negotiation fails, a lawsuit can be brought to the people's court. Pay attention to the collection and preservation of relevant evidence in the course of litigation. The general court will take this into account when deciding divorce, but it will not explain too much about the handling method and division ratio of the same property of husband and wife.

Fourth, matters needing attention

This letter of guarantee is a commitment to the behavior of both parties, not a paper document. In case of violation by both parties, neither party has the right to refuse to execute or bring a divorce lawsuit to the people's court. If it is stipulated in the guarantee that all the property of husband and wife belongs to the woman, then in the case of domestic violence or derailment, the man cannot dispose of the property at will, but needs to transfer the property of husband and wife to the woman; During the marriage relationship, both husband and wife may not ask the other party to return the property. Although the letter of guarantee is only a guarantee agreement, it still has certain legal effect! If domestic violence occurs again between husband and wife, the guarantee will not be invalid because of the intention of either party; However, if the party concerned has been personally injured or may be personally injured or has property problems, it is still necessary to bring a lawsuit to the court according to law.