周某与杨某1离婚纠纷,江苏省无锡市中级人民法院 (In re Zhou & Yang Divorce Litigation)

The appellant-wife appealed to the Intermediate People’s Court of Wuxi Municipality, Jiangsu Province in relation to the lower court’s refusal to grant a divorce. The appellant alleged that her marriage with the appellee was irreparably broken and that he had committed domestic violence against her. The appellant alleged that the domestic violence was corroborated by their daughter’s testimony and photographic evidence. The court held that even though the appellee might have beaten the appellant on at least one occasion, under the legal definition, domestic violence must constitute continuous multiple-time battery rather than [one occasional][1] conduct. Since the evidence submitted by the appellant was insufficient to demonstrate that the appellee’s conduct caused harmful consequences to the appellant, the court refused to grant their divorce. The court also admonished the appellee to fulfill his responsibility as a husband and to stop his "bad habits."

离婚、家庭暴力

上诉人周某因与被上诉人杨某1离婚纠纷一案,不服无锡市惠山区不准予双方离婚的判决,向江苏省无锡市中级人民法院提起上诉。周某称双方感情确已破裂,并且杨某1对其存在家暴行为。上诉人称双方女儿的证言与照片证据证明了家暴行为的存在。法院认为,根据证据,虽然不排除杨某1有打过周某的可能性,但家庭暴力不只是一次偶然性的行为,而是持续性多次施暴的行为。因为周某提交的证据不足以证明被上诉人的行为对周某造成了伤害,法院拒绝了周某的上诉请求。法院同时要求杨某1作为丈夫有所担当,戒除生活中的不良习惯。


[1] Note to draft: This concept is unclear.  The exact translation of the Mandarin phrase would be “one occasional conduct.” From the context of the opinion, it appears that this means that occasional conduct, even if more than once, may not be sufficient if it is not indicative of a pattern of abuse.

Geographical location 

Year 

2017

Jurisdiction 

Avon Center work product