Husband beats his wife: what to do according to the law and where to go

Where does domestic violence come from?

Women should understand that domestic violence does not happen in a vacuum. The once caring and loving head of the family will not turn into a tyrant overnight. All these actions have prerequisites.

The problem is often that a woman in love often does not notice the “alarm bells” or believes that the man can be re-educated. However, this is not at all true and it is almost impossible to rein in a domestic tyrant and call him to order.

Factors of domestic violence

Understanding the reasons for the emergence of such a concept as domestic violence, psychologists have identified several types of male aggressors:

The so-called pit bulls. These are those who do not immediately show cruelty. Negative emotions accumulate gradually and are suppressed for a long time. One reproach, then another, then a small quarrel that turns into a huge scandal. At some point, a click occurs in the pit bull’s head and he breaks down. Life in such a family is not easy for the weaker sex. A woman has to constantly monitor her words, even her gestures or glances, trying not to provoke her husband. However, he will still find something to complain about.
The second type is the cobra aggressor. In this case, the situation is much more complicated and dangerous. In order for violence to manifest itself, it often does not even need reasons or scandals. A man simply attacks his wife or girlfriend at some point. At the same time, after the deed, the person does not experience any pangs of conscience or repentance.

Why does domestic violence happen? Often the stronger sex shows aggression due to the feeling of power that arises in such moments. All this is due to complexes and lack of self-confidence.

The stronger sex is designed in such a way that it needs to constantly assert itself. However, very often the chosen methods are incorrect and cause a lot of harm to the people around them.

The reasons may include the following:

Painful past. All psychological traumas come from childhood. The father was just as tyrant and beat his wife and child or humiliated them. Parents did not pay due attention to the child; they perceived him not as an individual, but only as a burden. There are quite a lot of reasons.
Excessive spoiling and permissiveness. This is the sin of many families where only one child grows up. You can get away with pranks, any whim is fulfilled in the blink of an eye. In such a case, a man gets used to being the center of attention and demands the same from his wife, and when she does not obey, he begins to beat.
Alcoholism. This is a separate reason, because an addiction can drive even the most gentle and caring spouse crazy. Such situations are the most dangerous, since a husband in a state of alcoholic intoxication can cause irreversible injuries and injuries to a woman.

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Violence due to alcoholism

Alcoholism can turn a loving husband and a wonderful family man into a cruel tyrant who revels in his power. According to statistics, in families where a man suffers from alcohol addiction, most conflicts end in fights and serious physical injuries.

A man who “looks into the glass” and shows aggression can even commit the murder of his wife.

If a husband beats his wife when he is drunk, the relationship should be broken off immediately. We hear this stereotype on screens and often encounter it in print media. In fact, subsequent events play an important role in this matter. Many men, having sobered up and realized their actions, understand their consequences, and show a willingness to fight their vices. In this situation, the woman’s departure can only worsen the man’s condition and cause a suicide attempt.

However, if the faithful has not come to the realization of his mistake, he should break off the relationship without hesitation. The first episodes of domestic violence caused by the influence of alcohol can only affect you, and later on your children. Such parental behavior can leave a deep negative imprint on the fragile child’s psyche. In addition, the strength of aggression will increase with each episode, which sooner or later can lead to tragic events.

What actions should be taken in case of domestic violence?

What to do in such a situation? You can get a divorce and break this vicious circle, or you can leave everything as it is. In this case, the decision rests with the victim of violence. Most often, the weaker sex chooses the second option, for a variety of reasons.

Some are afraid to be left alone, with children, without a livelihood. Others fear for their future fate, because aggressors are not always ready to let their victim go.

There are also those who want to punish their chosen one for the physical harm caused and moral suffering. In this case, you can get protection from the police or court.

Domestic Violence Safety Plan

Application to law enforcement agencies

After the incident has occurred (regardless of whether the husband raised his hand for the first time or the 21st), the victim should seek help from the protective authorities, that is, the police. It is best to enlist the help of friends, family or witnesses.

Of course, a written statement does not give an absolute guarantee, but it can make a domestic tyrant think about the possible consequences.

Evidence and presentation

No one will ever take your word for it.
Therefore, to prove the guilt of the spouse, you will need to present evidence. After another beating, the woman should go to the emergency room, where an examination takes place. After the procedure, the injured person receives a corresponding certificate of beatings. After this, the woman should contact the police department. The corresponding application is drawn up in 2 copies. One is given to a law enforcement officer, and the second remains in the hands of the victim. A ticket confirming the acceptance of the complaint is also issued.

The further actions of the police are quite simple. They conduct an appropriate check, interview witnesses and make a decision to initiate or not to initiate a criminal case. In the latter case, the aggressor husband is given a warning and is registered.

When proving your guilt, it is very important to find as many witnesses as possible who can confirm the words of the victim. If a woman really decides to defend herself, she should not be afraid to turn to relatives and friends who can help in this situation.

In what cases can you go to court?

You can submit an application to the court at any time.
In this case, it is not necessary to have a completed and submitted statement to the police. Depending on the severity and guilt, you can file a complaint not only with the court, but also with the prosecutor’s office. It should be remembered that the prosecutor will only defend the victim if the victim is clearly helpless.
In other cases, the victim defends herself or with the help of a representative.

If my husband beat me, what to do: step-by-step action plan

Domestic violence is classified into two types:

psychological (moral humiliation and bullying). This category also includes economic violence as a more veiled method of suppressing and controlling a spouse;
physical (causing bodily harm).

Unfortunately, the offender can only be punished for physical violence.

The former are committed to preserving the family in accordance with state policy, so social workers are more likely to help find ways of reconciliation with their spouse. Such organizations protect families and children. Protecting women from domestic tyranny is not a priority.

Private social services have moved further in this regard. Many women who have already experienced beatings from their spouses even work in such organizations. Emotional support from such employees is irreplaceable. In private social centers you can find not only help from psychologists, but also tips on what to do next.

Some even provide temporary shelter for frightened women with nowhere to go. If your wife is beaten by your husband, then first of all you need to call an ambulance.

When the spouse is able to get to the hospital on her own and does not want to advertise the details of the family drama to the neighbors, you still need to go to the hospital. The beating must be officially recorded within three days. The medical certificate lists all injuries received after the beating.

Here they also indicate the degree of probability that the victim self-inflicted injuries. This nuance is necessary for cases when a woman is trying to denigrate an innocent person. If the victim does not have this document in her hands, she will not be able to subsequently prove that the beating actually took place.

It is advisable to photograph bruises and abrasions yourself. Then you need to contact the police. The application is written in two copies. One remains in the hands of the victim, and she gives the second to a law enforcement representative.

The request will be checked, which can lead to three scenarios:

criminal proceedings;
refusal to initiate criminal proceedings;
issuing a warning to the spouse and registering him.

In any case, you need to contact. Even if this does not have any serious consequences for the spouse, if you make a second complaint, the police will definitely pay attention to the previous statements.

In case of particularly serious injuries, a woman can go directly to court, bypassing the police. In order for the judge to rule in favor of the victim, she must present a certificate of medical examination and other evidence that it was her husband who inflicted the beating.

It is advisable that witnesses be called who can confirm the fact of bodily harm or characterize the accused. Although married couples try not to air dirty laundry in public, neighbors often notice little things that can later become a powerful argument on the scales of Themis in favor of one of the parties.

Stormy quarrels, drunken brawls, screams, crying of the victim, threats - this is the same “awl” that is difficult to hide in a bag.

Only a moral monster who has lost everything human can raise his hand against a pregnant woman. But, unfortunately, such cases also occur. If this happens, you should protect yourself and your unborn child as quickly as possible.

Urgently needed:

first, hide from your husband,
secondly, take care of obtaining a medical examination
bring the case to court as quickly as possible.

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The court will make a decision based on the harm caused to the woman’s health and whether the beatings affected the condition of the unborn baby.

What threatens a domestic tyrant?

Current legislation provides for several types of punishment, depending on the degree of guilt. The following measures can be taken against a domestic tyrant:

According to Articles 111, 112, 115 of the Criminal Code - causing intentional, light, medium or severe harm to health.
According to Article 117 of the Criminal Code of the Russian Federation - torture.
Under Article 118 of the Criminal Code - beatings.
Under Article 119 of the Criminal Code - threat of murder.

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Administrative punishment is also possible.

Article 111 of the Criminal Code of the Russian Federation “Intentional infliction of grievous bodily harm”

Article 112 of the Criminal Code of the Russian Federation “Intentional infliction of moderate harm to health”

Article 115 of the Criminal Code of the Russian Federation “Intentional infliction of minor harm to health”

Article 117 of the Criminal Code of the Russian Federation “Torture”

Article 118 of the Criminal Code of the Russian Federation “Causing grievous harm to health through negligence”

Article 119 of the Criminal Code of the Russian Federation “Threat of murder or infliction of grievous bodily harm”

Administrative punishment

The imposition of an administrative penalty under the Code of Administrative Offenses of the Russian Federation is possible when the victim appeals to the court.
The decision is made by a magistrate. In this case, the application is submitted by police officers, of course, provided that the victim contacts them. In this case, the presence of both parties at the court hearing is mandatory. What punishment does a domestic tyrant face in this case:

Assignment of compulsory work up to 120 hours.
Arrest up to 15 days.
A fine in the amount of 5 to 30 thousand rubles.

Penalties go to the state treasury. In this case, the spouse does not receive any financial compensation. If it is necessary to compensate for material damage caused by the other party, a separate application to the court will be required.

Criminal punishment under Art. 116.1 of the Criminal Code of the Russian Federation

Criminal punishment, in most cases, occurs when a person is re-indicted. Also, a criminal article is threatened if the damage caused cannot be classified as light.

If charged under Article 116.1 (beatings), the culprit faces:

Imposition of a fine in the amount of 40 thousand rubles.
Sanction in the amount of 3 months' earnings.
Assignment of compulsory work up to 240 hours.
Assignment of correctional labor for up to 6 months.
Arrest for up to 3 months.

Article 116.1 of the Criminal Code of the Russian Federation “Battery by a person subject to administrative punishment”

Article for beating a wife by her husband and criminal liability for beatings

Domestic violence, along with street crimes, is considered one of the most common.
The most common cases of violence at home are between spouses. They exceed rates compared to violence between other family members. Physical violence emanating from a husband towards his wife is always humiliating, and the legislation has provided for various forms of punishment for such acts, depending on the circumstances of the incident.

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Unfortunately, in our country, many women are beaten by their husbands; statistics show that every third woman has ever experienced her husband’s aggression in the form of beatings. The woman is trying to take action after such incidents. Actions are mainly divided into:

many wives tend to show patience and perceive the situation as commonplace;
fewer women have the desire to re-educate and direct their husbands to the path of love and mutual understanding;
leaving the family is, unfortunately, a forced measure for the majority of those who have been beaten; women come to this path on the verge of despair;
punishment of the husband during the trial.

After a complete assault, a woman may be concerned about the question of how to properly punish her husband and how to recognize beatings in his actions? To do this, you need to understand what the Criminal Code of the Russian Federation says about this kind of crime. According to the Criminal Code of the Russian Federation, beatings are characterized by the infliction of numerous blows.

REFERENCE! In addition, such actions include other violent methods that cause pain. Such actions are directed against people's health and lives, and therefore must be punished.

The legislation provides for punishment for any attack on a person’s life, but in each specific case it will be based on different legislative norms depending on the circumstances of the incident and the consequences. Some of the most common attacks on human health are:

slight harm to health;
beatings;
torturous acts.

Have you already heard about decriminalization? This is when responsibility for beatings in the family will no longer be criminal, but will be administrative. Just like that. But it has its own characteristics.

What punishment or fine does an ex-husband face for beating and assaulting his wife? Is there criminal liability? The punishment for damage to health will depend on the severity of the damage to health, which is determined by a forensic medical examination, on the basis of which this or that article of the Criminal Code will be applied. Such cases are regulated by the following articles:

111 of the Criminal Code of the Russian Federation - causing grievous harm to human health; punishment for such a crime can be restriction of freedom for up to eight years. Read more about the definition of grievous bodily harm and liability for causing it here.
112 of the Criminal Code of the Russian Federation - intentional harm to health of moderate severity. This guilt must be proven through examination and psychological examination. This article provides for up to three years in prison.
116 of the Criminal Code of the Russian Federation - beatings. Depending on the severity of the crime and the nature of the injuries caused, the prison term will depend. The commission of such a crime usually requires up to three months of arrest. Article 116 of the Criminal Code of the Russian Federation. BeatingsBeatings or other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, committed out of hooligan motives, as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in in relation to any social group, is punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for up to two years.

For crimes of varying severity, the law provides for the following liability:

If the victim of violence suffered short-term harm to health, then the offender is punished with a fine of up to forty thousand rubles. Based on the circumstances of the incident, the court may impose correctional labor for 480 hours, for a period of one year, or arrest for four months (Article 115 of the Criminal Code of the Russian Federation).
Beatings that did not cause significant harm to health, but still occurred, are punishable by a fine of forty thousand rubles, correctional labor for six months, or arrest for three months, according to Article 116 of the Criminal Code of the Russian Federation.
Battery that occurs on a systematic basis can be punished by imprisonment for up to three years (Article 117 of the Criminal Code of the Russian Federation).
Beatings resulting in loss of vision, hearing and other vital functions of the body are punishable by restriction of freedom for up to five years.

ATTENTION! After conducting the investigation procedure, the investigator is obliged to send the case materials to the court; if we are talking about beatings without causing grievous harm to the woman, the case will be sent to the magistrate for consideration.

If the husband first raised his hand against his wife, but after the crime he apologized and tried to resolve the conflict, he will be allowed to avoid punishment.

If a repeated beating occurs, punishment cannot be avoided. Sometimes out-of-the-ordinary cases occur when a man raises his hand to his pregnant wife; if such an incident occurs, it is necessary to contact the police and undergo a forensic examination, which will subsequently reveal the extent of the injuries inflicted.

Subsequently, the case will be considered depending on the nature of the injuries and the severity of the crime.

In order to prove a crime against the wife’s health, she needs to seek medical help immediately after the incident. If the victim did not seek help in the first hours after the crime, and someone from the eyewitnesses called the police, you need to demand that the local police station call an ambulance.

After the incident, the woman will have to write a statement in writing. There she will need to outline the whole essence of the family drama.

The interrogator or investigator on duty will give the woman a referral to the institution where the forensic medical examination will be carried out.

While at the police station, it is important to make sure that the written statement was accepted and registered in the KUSP (book for recording crimes committed).

The next day after the incident, the victim of the beating will show characteristic bruises and redness in the area of the blows. You need to not miss this period of time and see medical specialists on time.

For a wife beaten without witnesses, a forensic medical examination will be required.

ATTENTION! If a woman decides to undergo an examination and record the beatings six or seven days after the blows were struck, then there will be nothing to record, because the abrasions and wounds will almost disappear by this time.

Another option is for the victim of beating to contact the local therapist at his place of residence; by law, these workers must report the incident to the police. The district police officer, in turn, will create a report and record the call, and after a while he will come to the house where the incident occurred.

Every year more and more women in our country are beaten by their husbands. Previously, in the Criminal Code of the Russian Federation, Article 116 for beating a wife provided for punishment for the husband, but due to amendments in 2021, this legal norm no longer includes domestic violence.

Such changes do not at all mean that there is no criminal liability for beating a wife; now the punishment will depend on the degree of physical damage caused.

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In simple terms, now the article for beating a wife will be applied depending on the motives for causing bodily harm.

Before deciding which article for beating your wife will be applied, you must first become familiar with the very concept of beating.

In accordance with the provisions of the Criminal Code, beatings mean systematic beatings, which in the future did not lead to short-term loss of ability to work and serious health problems.

Pinching, squeezing of body parts, as well as torn out clumps of hair and other physical impacts that leave marks themselves also fall under the category of beatings.

Article 116 of the Criminal Code of the Russian Federation defines beating of a wife by a husband as an intentional act; accordingly, a person is aware of it and must be held accountable for it. The Criminal Code, as mentioned above, determines punishment depending on the severity of the damage caused. In total, the legislator defines three degrees of severity of beatings:

Mild - the severity level implies minor injuries, such as bruises, bruises, abrasions, hematomas, that is, injuries that cannot cause serious harm to the body. Minor injuries are injuries that require no more than 21 days to heal and a disability rate that does not exceed 10%.
Medium - the level of damage implies a loss of working capacity of 10 - 30%, while physical injuries do not pose a significant threat to human life, but it will take more than 21 days for the body to recover. These injuries include concussions, fractures, and knife cuts.
Severe – a type of injury that poses a serious danger to human health and life. Such injuries imply long-term or complete loss of ability to work. The list of injuries includes injuries for which the body needs more than 120 days to recover. For example, spinal fractures, ruptures of large blood vessels, loss of sensitivity, rupture of internal organs, coma, as well as injuries due to which a person loses the ability to think, speak, or the ability to be generally understood by other members of society.

Actions if aggression is directed towards a pregnant spouse

Nothing can justify aggression towards a pregnant woman. That is why such individuals cannot be pitied or forgiven. Beating a pregnant wife must be punished. In such a situation, a woman should protect herself and her unborn baby as soon as possible. What to do:

Hide from the aggressor. Often this is not as simple as it seems, especially since these types of individuals have a tendency to persecute. Therefore, it is necessary to enlist the help of friends and relatives.
Pass a medical examination. This should not be delayed, since it is the certificate of assault that is the most reliable evidence.
Apply to the court.

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The further decision will be made by the judge, and the punishment is assigned depending on the severity and damage caused to the spouse and unborn child.

Punishment for people who commit violence against children

Trial

A woman has the right not to contact law enforcement agencies. You can immediately file an application with the court or the local prosecutor's office, everything will depend on the severity of the crime committed. So, the application has been filed, and the injured party must await the date of summons to court. The prosecutor, the injured party with or without his lawyer and, of course, the accused person - the husband, whose interests are also defended by a lawyer, lawyer or relative, take part in the court hearing.

The prosecutor will act on the side of the victim if she herself is not able to tell about what happened. In other cases, she is obliged to independently defend her point of view and rights, and her lawyer can help her (this norm is fixed in Article 318 of the Code of Criminal Procedure). The court will take into account self-defense on the part of the spouse, which should not be exceeded.

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Even if the husband commits actions that cause pain with some frequency, for example, while drinking alcohol, and the wife injures him one day, she can subsequently also answer according to the law, for example, go to prison or pay alimony to her husband to maintain her health.

IMPORTANT! The court, based on the circumstances of the case and not finding significant evidence of the guilt of the accused, may decide to refuse to consider the case if there is not enough evidence or witnesses in the case.

A decision on reimbursement of expenses can only be made by a court decision. If the legal costs have been documented, then the court takes this into account and may order joint payment by the defendant and the injured party. This norm is enshrined in Article 98 of the Code of Civil Procedure of the Russian Federation. The termination of the proceedings may be due to the reconciliation of the two parties or the issuance of a court decision.

By the way, if you decide to withdraw your application, we warn you right away that you cannot do this. But you can cancel it. We wrote more about this in

this material

What preventive actions are carried out in Russia

Despite the fact that domestic violence is not uncommon, everything is quite bad with preventive measures in Russia. The statistics speak for themselves, and they are based only on those cases that have been announced. Question: there is no need to say how many incidents actually occur regularly.

A real fight against domestic violence is possible only in the following cases:

When creating a Federal Law on the prevention of domestic violence.
Increasing the number of hotlines, so-called trust and social assistance.
Introduction of regular explanatory work on this issue.
Clear formation of public opinion about the unacceptability of such behavior.
Creating increased attention to disadvantaged families and certain segments of the population.

As has already been said, it is necessary to fight domestic violence. Such behavior on the part of a husband or father should under no circumstances be considered the norm and remain unpunished. However, first of all, the initiative must come from the injured party. You can’t remain silent and hope that everything will change. It should be remembered that only the fight for your own well-being will give a positive result.

What is the deadline for withdrawal?

There is no clear deadline for the removal of beatings, but experts say that the sooner an examination by a medical specialist is carried out, the greater the chance of proving the time of injury and the entire causal relationship regarding the nature of the injuries.

As practice shows, the best option would be to contact the patient in the first two days after the incident; it is during this period that hematomas and abrasions are most noticeable and can be successfully fixed by medical workers. If a woman comes in too late, when the bruises begin to heal, the exact time and cause of their appearance will be more difficult to prove than fresh ones.

We have already written in detail about the timing of the removal of beatings.