Wife suffers from domestic violence 10 years. Why was it a WeChat that saved her in the end?

Domestic violence, referred to as domestic violence for short, refers to the behavior that occurs between family members and physically, mentally and sexually harms and destroys family members by beating, binding, confinement, mutilation or other means. Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity.

In court, a wife in Xiamen said: She suffered from her husband's "domestic violence" in 10 years and 10 years! 10 "domestic violence"!

This diagram is a network diagram.

The husband denied it and said "no". Then, this trick is amazing: the wife showed the WeChat record!

Result. . .

"It's getting heavier and heavier after playing for ten years!"

"Which couple hasn't touched it?"

"When you hit me again and again,

Ever wonder who I am? "

"It's my fault to hit you."

……

These WeChat chat records confirm the pain of Xiao Wei's (pseudonym) married life.

In the end, the WeChat chat record became one of the evidences to identify the man's domestic violence, and the court's first-instance judgment supported the woman's divorce appeal.

She said "domestic violence" and he said "no fighting"

In the eyes of many relatives and friends, Wei He (a pseudonym) has a happy marriage. They got married and had a son. They have two properties in Xiamen.

But in fact, Wei's marriage is very painful.

She sued that after marriage, Ayong often asked her to explain "love history" and beat her and scold her if she was slightly dissatisfied; When she was pregnant with a second child two years ago, he kept asking "whose child is it", insulting and stimulating her with words, and not taking on housework, which led to her physical and mental pain and miscarriage.

Xiao Wei believes that the husband's frequent domestic violence has destroyed the relationship between husband and wife. Therefore, she sued for divorce.

They are husband and wife and have two properties in Xiamen. Wei said that the husband was at fault and should divide the property less. In addition, Xiao Wei also proposed compensation for mental damage, requesting the court to award the defendant compensation of 65,438+10,000 yuan for mental damage.

In court, Ayong said that "domestic violence is not a fact" and he did not agree to divorce. He also said that the two sides still have feelings, but "occasionally quarrel."

Wechat record: The man admitted, "It's my fault to hit you."

In order to prove that she was really subjected to domestic violence, Xiao Wei submitted relevant evidence to the court, including previous alarm records, WeChat chat records, medical records and the proof provided by the Anti-Domestic Violence Center.

In the couple's WeChat chat records, the word "hit" appeared many times.

Among them, Xiao Wei said: "It's getting heavier and heavier after playing for ten years!" "When you hit me again and again, have you ever thought about who I am?"

In the face of his wife's condemnation, Ayong replied, "It's my fault to hit you." "Which couple hasn't touched it?"

The court found that if the man committed domestic violence, he should compensate mental damage compensation.

The Family Division of Siming District Court held that in this case, although there were obvious differences between the two sides on whether there was domestic violence, judging from the evidence submitted by Xiao Wei, Ayong's abuse and beating were not accidental, and it was precisely because of his repeated domestic violence that the woman sued for divorce.

According to the principle of "taking care of the wife, taking care of the innocent party and respecting the wishes of the parties under the same conditions", the defendant is at fault in carrying out domestic violence, and this fault is the main reason leading to the dissolution of the marriage relationship, so the defendant should properly divide the marital property according to law. Therefore, the court decided at its discretion that Wei got 60% and 40% of the joint property of husband and wife.

In addition, Wei also has the right to claim compensation for mental damage. Considering the damage caused by domestic violence, Ayong was sentenced to pay 5000 yuan for mental damages.

As the children of Xiao Wei and Ayong are under the age of 10, considering that it is difficult for Ayong to take care of the children, the court of first instance decided that it is more appropriate for the children to live with their mothers.

After the judgment of the first instance, Ayong refused to accept it and appealed to the Xiamen Intermediate People's Court.

How to prove a domestic violence?

According to the Supreme People's Court's application

The judge reminded that domestic violence belongs to one of the circumstances in which divorce is allowed in China's marriage law. When collecting evidence of domestic violence, the victim can take the following ways: pay attention to saving the repentance book written by her husband after beating her; Evidence of complaints to women's federations and other institutions; Evidence of mediation by neighborhood committees and other departments; Alarm records after domestic violence and letters of introduction issued by public security organs; The diagnosis certificate and appraisal certificate of going to the hospital for treatment; Keep photos, videos and other materials after being beaten; If there are witnesses, they can also be persuaded to testify in court or take witness testimony, as well as children, relatives and neighbors. Can testify. In addition, SMS records, WeChat records and telephone recordings of both parties can also be used as evidence.

In addition to domestic violence

In other cases,

Can we use WeChat records as evidence?

Take two chestnuts first-

1 wechat record proves that her husband cheated!

Wechat records can not only prove domestic violence, but also prove that her husband is cheating? Previously, the Siming District Court also heard a lawsuit of "WeChat testifying". In the end, the WeChat chat record became the key evidence to prove the derailment.

Ms Zhang and Mr Lin are both in their thirties. Seven years ago, they registered to get married and gave birth to a daughter soon after marriage. On 20 15 10, Ms. Zhang found that there was something fishy in Mr. Lin's mobile phone. It turns out that Mr. Lin frequently chats with a woman on WeChat, and the call records also show that the two often contact each other.

According to the WeChat record provided by his wife, Mr. Lin told her: "I don't have her in my heart. I don't love her at all. It feels so tired to live in such a home."

These WeChat chats show that Mr. Lin is very close to women outside marriage and has surpassed normal colleagues. To this end, the contradiction between husband and wife intensified, which eventually led to the wife moving out of the original place and suing for divorce.

The judge analyzed the chat records between Ms. Zhang and Mr. Lin and the chat records between Mr. Lin and other women, and finally concluded that Mr. Lin had "seriously violated the loyalty obligation of husband and wife" and the relationship between husband and wife had broken down.

Therefore, the court made a first-instance judgment and supported the plaintiff's divorce appeal.

2 WeChat testified that depositors recovered 700,000!

Transferred 700,000 yuan, and the plaintiff's female depositor called it "entrusted financial management" and demanded to return it; The account manager of the defendant's bank said it was an "investment fund", and the investment could not be recovered, so the risk should be borne by itself.

Haicang District Court has also tried such a "entrusted financial management" dispute. The two sides did not sign a contract, only WeChat chat records. In the end, the court adopted the evidence of WeChat recording, decided to transfer 700,000 yuan as "entrusted financial management", and asked the defendant to return 700,000 yuan and pay interest.

It turned out that the defendant Xiaolong was an account manager of a bank in Xiamen. He recommended an "internal wealth management product" to Ms. Liu, saying that the interest rate of the wealth management product was calculated at a minimum of 5% per month. So, Ms. Liu transferred 700,000 yuan to Xiaolong. However, after Ms. Liu transferred the money, Xiaolong never delivered the wealth management products and refused to pay back the money.

In desperation, Ms. Liu had to take Xiaolong to court. In the end, Haicang Court made a determination based on the evidence such as WeChat records, and the judgment required the defendant Xiaolong to return the 700,000 yuan entrusted by the plaintiff Ms. Liu and pay interest.