How is husband and wife abuse, domestic violence sanctioned?

How is domestic violence sanctioned? Marriage is a marital relationship after the conduct of marriage of a male and a female. Marriage aims to build a warm, equal, progressive, happy and sustainable family.

Domestic Violence Counseling - 19006512

When the purpose of the marriage is not achieved or there are marital problems, either party has the right to request a divorce. Domestic violence is one of the issues that leads to divorce because husband beatings occur much in today's society, and the domestic violence of husbands and wives is the most common behavior. This is an act that needs to be prevented quickly to avoid affecting people, families and society. So what does the law regulate about the husband's acts of domestic violence? To find answers to the question" Sanction for domestic violence acts?" , please read the following article by DFC Lawyers - 19006512.

Legal grounds:

• Marriage and Family Law 2014;
• Law on Domestic Violence Prevention and Control 2007;
• Criminal Code 2015;
• Legal documents guiding the enforcement of the Marriage and Family Law 2014 and the Domestic Violence Prevention Law 2007.

Contents of consultation

Domestic violence is not a new issue recently, but it is always a problem that stings society. According to the Law on Marriage and Family 2014, husband and wife have equal rights and obligations, have the obligation to love, be faithful, respect, care for each other, must respect each other's honor and prestige. Husbands and wives are obliged to respect each other in accordance with the law, so the husband's violent acts have violated the law.

1. What is domestic violence?

Under the Domestic Violence Prevention Act 2007, acts considered domestic violence include:

• Beating, tormenting, mistreing or committing other acts that intentionally infringe on health and life;
• Insulting or intentionally insulting the honor of dignity;
• Deliberately putting psychological pressure often causes serious or isolated consequences, alienation, expulsion;
• Preventing the implementation of family rights and obligations;
• Forced sexual intercourse;
• Forcibly marrying, marrying, divorced or preventing voluntary marriage;
• Acts of appropriating, destroying, destroying or otherwise intentionally damaging the private property of other family members or common property of family members;
• Forcing or forcing over-working family members, financial contributions beyond their capacity; controlling family members' incomes in order to create financial dependence;
• There are unlawful acts that force family members out of accommodation.

How is domestic violence sanctioned?

2. Sanctioning levels for domestic violence acts

Husbands committing acts of domestic violence such as beating, insulting or acts affecting the wife will be sanctioned in accordance with the law. According to Article 49 of Decree No. 167/2013/ND-CP, domestic violence acts may be sanctioned as follows:

*A warning or fine of VND 100,000 to VND 300,000 for one of the following violations:

+ Prohibiting family members from leaving their homes, not meeting relatives or friends or having legal and healthy social relationships for the purpose of isolation, putting regular psychological pressure on such members;

+ Do not allow family members to carry out their right to work;

+ Do not allow family members to participate in legal and healthy social activities;

+ Acts of preventing the visitation and care between grandparents and grandchildren; between father, mother and child in accordance with the rights and obligations of the members unless the parents are restricted the right to visit their children at the decision of the court;

*Fines range from VND 300,000 to VND 500,000 for:

+ Forcing family members to witness violence against people and animals;

+ Do not allow family members to use common property for good purposes;

*A fine of VND 500,000 to VND 1,000,000 for the following acts of domestic violence:

+ Committing acts of insulting the honor and dignity of family members;

+ Forcibly forcing family members to perform obscene acts, use of sexually explicit drugs;

• A fine of VND 1,000,000 to VND 1,500,000 for beatings causing injury to family members;
• A fine of VND 1,500,000 to VND 2,000,000 is imposed for one of the following acts of domestic violence:

+ Causing injury to family members by certain items, tools or means;

+ Not promptly take the victim to emergency treatment in case the victim needs timely emergency or does not take care of the victim during the time of treatment of injuries caused by domestic violence acts, unless the victim refuses;

+ There are acts of treating family members badly such as starving, not feeding, catching cold, wearing tears, banning or limiting personal hygiene;

+ Acts of neglecting the elderly, weak, disabled, pregnant women, women raising young children, not caring if members need care;

+ Insulting the honor and dignity of family members through the dispersal or disclosure of private life documents and secrets;

+ Using the media to offend the honor and dignity of family members;

3. Domestic violence may also be prosecuted for criminal liability

In addition, according to the 2015 Criminal Code, if the husband commits acts of domestic violence causing serious injury to his wife, he/she will be criminally liable for intentionally causing injury. If the injury rate is between 11% and 30% or less than 11% but is in one of the cases of law, it is punishable by non-custody reform for up to three years or a prison term of between six months and three years. If the husband cruelly or humiliates his wife if he/she is not in the case of a crime of a mistreating or tormenting a loved one in accordance with the Penal Code 2015, he/she will be sentenced to non-confinement reform for up to 03 years or a prison term of between 03 months and 02 years.

Crimes of abuse under the provisions of the penal code, which frequently cause victims physical and mental pain, have been sanctioned for administrative violations and still commit re-offending, are punishable by warning, non-confinement reform for up to 03 years or imprisonment from 06 months to 03 years.

Depending on the extent of the husband's violence, different measures may be taken. The law is also increasingly perfected to protect wives as well as victims of domestic violence.

The above article mentioned the issue of husbands angly anglying their wives as well as the sanctions for domestic violence acts. If you have any further questions, please contact the Legal Advice Center 1900.6512 of DFC Law Firm for the most enthusiastic and accurate advice.