Judges cited lack of hard evidence as the reason domestic abuse divorces are difficult to rule on. (Photo : Flickr)
Chinese courts are frequently faced with divorce cases that cite domestic violence as the primary reason for the couple splitting up, but there are still many difficulties when it comes to hearing them, said judges on Thursday to China Daily.
Despite existing laws, domestic violence is still a serious problem, according to Zhu Chuntao, chief judge of a civil tribunal that specializes in domestic disputes at Beijing High People's Court. He added that some laws need revision, while others need to be made.
"Divorces requested on grounds of domestic violence have become more common in our court over the past few years, but it's still a challenge for litigants and judges to collect evidence of violence," said Zhu.
In 2013, 9 percent of the plaintiffs in Beijing's 620 divorce cases cited domestic violence as a reason for the divorce.
"Many couples who sought a divorce due to domestic violence had serious conflicts with each other, so we gave divorce judgments to them most of the time instead of mediating first," said Zhu. "But few litigant provided any hard evidence of domestic violence."
"As domestic violence happens, it's hard for couples to collect evidence," Zhu added. "Some pictures of injuries from litigants don't prove they were injured for this reason. It's hard for a judge to verify."
Zhu commended a particular victim in a case that was heard at Beijing Tongzhou District People's Court for providing call records to the police that she made when she was physically abused by her husband, as well as a letter her husband made that expressed regret for hurting her.
"Such evidence is stronger than injury photos," said Zhu.
A person with little evidence of abuse will also have a difficult time collecting compensation for mental suffering, Zhu said.
Protective orders that prohibit an abusive partner from coming near a victim have been available to courts since 2008, but they are rarely utilized.
Shi Xiaohong, vice president of Henan Provincial High People's Court, said that such protective orders, as well as move-out orders that require the abusive partner to leave the marital home, are not yet commonplace in Chinese courts.
"The protection now is not compulsory and enforcement is difficult," said Shi. "When we give move-out orders, it's hard to make sure it's effective. There are few supporting measures now."
The judges expressed their hope of the government issuing the country's first anti-domestic violence law. The potential law is currently under discussion by the Standing Committee of the National People's Congress.
