My husband hits people first, and I fight back. Is it a domestic violence?
Husband and wife quarrel, the wife hits first, and the husband strikes back. It is domestic violence for couples to beat each other. This kind of domestic violence belongs to domestic violence for which both parties are responsible, and they should bear corresponding legal responsibilities for their own violence and the harm caused to each other. Article 234 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. According to article 1079 of the Civil Code of People's Republic of China (PRC), if one of the spouses requests a divorce, the relevant organizations can mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted. Article 1091 In case of divorce under any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults. Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC) The term "domestic violence" as mentioned in this law refers to the physical and mental violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation. Article 3 Family members should help each other, care for each other, live in harmony and fulfill family obligations. Anti-domestic violence is the common responsibility of the state, society and every family. The state prohibits any form of domestic violence.