What should a woman do if her husband threatens physical violence?

Unfortunately, physical and psychological violence in the family is a fairly common occurrence, the reason for which lies in the inability of the female side to independently provide proper protection for themselves.

In an attempt to assert themselves and show “who’s boss,” the spouse often resorts to a variety of methods of influence - from psychological pressure (threats, raised voice, insults) to the use of physical force (from beatings to attempted murder).

When faced with regular threats from your husband, you should not wait until they come true and you become another victim of domestic violence. Read this article about what a woman should do if her husband threatens her with physical violence.

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Corpus delicti

In accordance with Article 119 of the Criminal Code of the Russian Federation “Threat of murder and infliction of grievous bodily harm,” threats of death, as well as infliction of grievous bodily harm, are criminally punishable.

The basis for bringing the husband under Article 119 of the Criminal Code of the Russian Federation and starting criminal proceedings may be one of the following:

• If there have been threats of physical harm or murder;
• If the voiced threats were accompanied by real attempts to implement them.

Today it is allowed to report a husband’s threats in oral, written (paper version) or electronic (via the official website) form.

How to obtain and process evidence

To open a case and protect yourself, you need to obtain evidence of threats from your ex-husband. To do this, you can record your conversations, shoot videos, show correspondence, etc. Such materials will allow you to initiate a case against your husband under Article 119 of the Criminal Code of the Russian Federation.

If your former partner not only threatens you, but also physically harms you, you need to go to the hospital and get a certificate of battery. This certificate will start a serious case that will save you from your husband’s attention forever.

If there is beating, the judge will consider not only Article 119 of the Criminal Code of the Russian Federation, but also an injunction prohibiting the ex-husband from approaching his wife. Violation of such a prohibition is punishable by imprisonment, depending on the severity of the crime committed. You will no longer need to worry about your ex-husband’s threats over the phone; they are subject to a ban.

When preparing a claim in court, indicate all the circumstances of the case in as much detail as possible, attach to the claim a certificate of beatings, and all available materials that will confirm your words. If you do not know how to properly file a claim, contact a professional lawyer for advice.

Important! If you yourself are looking into your own case involving threats from your ex-husband, then you should remember that:

• All cases involving threats are unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

• Request a consultation via the form.
• Use the online chat in the lower right corner.
• Call: ☎ Federal number ext. 844

Determining the reality of threats

In order to accuse a spouse under Article 119 of the Criminal Code of the Russian Federation “Threat of murder and infliction of grievous bodily harm,” it is necessary to prove the unequivocality and certainty of the threats voiced by him, i.e. the potential reality of their implementation.

The reality of the threats may be:

• Subjective, when the wife is convinced that her husband really intended to kill her, but the husband tried to simply intimidate her, limiting himself to psychological influence on the wife;
• Objective, when the threats of physical harm or murder were real and the husband really wanted (or even tried) to kill his wife.

Regardless of the nature of the threats, the corpus delicti is formed already at the stage of voicing the spouse’s intentions to cause physical harm to his wife, which can lead to death.

Translating threats of physical violence or murder into reality is prosecuted under another article of the Criminal Code of the Russian Federation.

Wife's mistakes

A threat is an attempt at psychological manipulation on the part of the person who voiced it. Thus, he wants to morally break his wife in order to subsequently receive an “ideal” wife who will unquestioningly fulfill his every whim.

Erroneous behavior on the part of a woman in such a situation can be:

• Silence. Often women deliberately hide tyranny in the family so as not to spoil the reputation of the “ideal couple” or to give way to unnecessary rumors, ridicule, and gossip from neighbors, friends and acquaintances. Among other things, wives hope to the last to correct their negligent spouse, they believe that he himself will understand his mistakes, and at one point he will come with flowers and an apology. However, as sad practice shows, such radical changes happen extremely rarely, and if a man initially showed despotic traits, there is no point in hoping that they will change to Samaritan ones;
• Reluctance to seek help from law enforcement. The mentality of Russian wives is such that reporting their own husband to the police is considered a manifestation of female cowardice and insolvency, as well as the apogee of shame on the institution of the family. Therefore, gritting their teeth, women endure verbal attacks from their husband to the last, cry at night, complain to friends, but do not go to the police, as they should do, until it comes to the implementation of threats;
• Humility. Communication with friends, domestic TV series and modern talk shows convince Russian women that disrespectful and tyrannical attitude on the part of the husband is the norm, which should not be fought, but reconciled and submitted to him. However, this is not true. Every woman deserves to be treated with respect, if only because she is a woman.

Therefore, you should not endure attacks and threats from your husband, gradually earning yourself chronic neurosis or other nervous disorders.

Read about what to do and where to go in the next section.

What to do when your husband threatens and you feel in danger?

But all of the above, rather, refers to the situation as a whole, which you need to think about with a cool head. But what to do exactly at that moment when your husband threatens and you feel the danger of carrying out the threats?

• Call anyone for help! If possible, call people who can come to help - better not a hysterically screaming girlfriend, but a brother, dad, friend, someone who can keep his thoughts clear and protect you if something happens. If you can’t call, scream, call your neighbors, even knock on the radiators, even run out onto the balcony, calling for help!
• Try not to be alone with the threatening person. If the conversation takes place at home, it is better to leave home for a while. Even if your husband follows you, it is no longer so dangerous: you should go to a crowded place where he is unlikely to do anything against you. Does your husband not want you to leave? At least run out into the entrance - there you are no longer in a closed “cage”: you can knock on your neighbors, in the end, the threatening person will also understand that his actions can already be heard and seen by strangers!
• Try writing down the threats. You can try to quietly turn on the video camera or voice recorder on your phone. It will come in handy.
• Agree with everything, if possible, fulfill the demands of the threat. Avoid hysteria and maintain an even, soothing tone of voice.

What to do?

In a situation where, due to the husband’s voiced threats, the wife begins to fear that they could come true at any moment, she should act immediately, namely:

• Do not stay with your husband one-on-one. When a conflict with a spouse threatens to get out of control and escalate into a real fight or even an attempted murder, you should leave the space (apartment, car) in which the quarrel broke out as soon as possible, going “in public.” The presence of eyewitnesses can curb the tyrant’s ardor, thereby guaranteeing the woman some protection from the realization of threats;
• Call for help. It can be provided by a close relative, friend or acquaintance, as well as a neighbor or even a random eyewitness to what is happening. If at the time of a quarrel the spouses are alone in their apartment, the woman may try to call for help by starting to scream inside or running out onto the balcony, hitting the radiator, throwing heavy objects at the wall, and also performing other actions that can generate noise and attract attention;
• Keep yourself in control. Until the moment a woman is completely safe, she should maintain equanimity of spirit until the last moment, not panic, and under no circumstances attempt to attack her husband, thereby opposing him. Almost always, men are physically superior to representatives of the fairer sex, therefore an attempt to provide physical confrontation on the part of the latter is more likely to only inflame the despot and push him to carry out his threats. Therefore, the most correct thing in this situation would be to imitate submission to your spouse, assent to everything he says, and try to at least temporarily calm him down;
• Call the cops. The law enforcement officer who arrives at the scene will draw up a report and initiate a case if there are sufficiently compelling reasons for this, and if necessary, he will disarm the hot-tempered spouse and send him to the police station.

What to do if you feel there is a danger to your life and health?

At the moment when, under the influence of her husband’s threats, a woman feels danger for her life and health, she must:

• Don't be alone with your spouse.
  If a quarrel threatens to get out of control, you should not be in an apartment or car alone with the offender. The presence of witnesses will guarantee at least some security, and the man’s actions will be visible to outsiders.
• Call for help.
  One of your relatives, neighbors, or even a random passer-by can help. If at the time of the alleged violence a woman is alone with her husband in an apartment, you can try to shout for help, run out onto the balcony, or even knock on the walls and radiators.
• Don't lose control.
  A woman should avoid hysteria, maintain an even tone of voice and agree with her husband in everything until she is safe.
• To call the police.
  The squad that arrived at the scene of the incident must draw up a report and open a case, and in the event of a critical situation, neutralize the enraged spouse and send him to the department.

ATTENTION! You should not provoke your husband by checking the reality of his threats and behaving defiantly. This can save your health or even your life.

Necessary actions: step-by-step instructions

• A petition is filed with the police.

It doesn’t matter whether real actions took place or whether the husband limited himself to threats - it’s WORTH filing a police report. As a rule, upon receipt of the first complaint about threats, law enforcement officers limit themselves to only warnings and preventive conversations with the enraged family man. To attract more radical measures of responsibility, you should report to the police after each scandal with your husband.

• Report to the police station. On site, the woman will receive an application form to fill out, as well as a sample of the already completed application. It will contain the following information:

1. The name of the authority to which the statement of threats is submitted (in this case, the details of the police duty station are indicated);
2. Applicant details (full name, residential address, contact information);
3. Description of the reason for the appeal: how the quarrel began, what threats were made by the husband, how reliable and feasible they are from the applicant’s point of view, etc.;
4. Legislative reference confirming the legality and validity of the charges brought (Article 119 of the Criminal Code of the Russian Federation);
5. A separate item provides detailed information about the spouse (full name, place of residence, place of work, position held, age, presence/absence of drives, etc.);
6. If there is an evidence base, a list of materials is listed, for example: an audio or video recording in which threats are heard, testimony, etc.;
7. At the very end, the date of preparation of the document is indicated, as well as the personal signature of the applicant.

Please note that the police will not consider written complaints submitted anonymously.

After receiving an application, it is subject to registration, and then addressed to an authorized law enforcement officer for consideration.

The period for consideration of an application, according to the law, is from 3 to 10 days.

How can the law and law enforcement agencies help?

Threat of physical harm is a criminal offense. What the law implies for someone who makes threats can be read in Article 119 of the Criminal Code of the Russian Federation.

Even if there was no divorce between the spouses, this is not a mitigating circumstance - you cannot threaten your wife in the same way as any other stranger.

However, a problem arises - how to prove that there was a threat, and what can law enforcement agencies do to ensure safety?

Advice from the site sympaty.net: if your husband threatens and you understand that this is not a one-time outburst of emotions, but often repeated words that you should be seriously afraid, go to the police (militia) and ask the local police officer to take a statement about the threats.

Tell as much as possible - what was said, why you are afraid of carrying out the threat, etc. Ask how the police can help in your specific situation, how to ensure your safety.

A statement is not a lawsuit. Unless there is direct evidence of threats, it will probably end up in the archives somewhere.

But! If you want to prove threats and bring this person to justice before the law, then you will need facts - these can be the testimony of witnesses to the threats (preferably not relatives, since relatives can be considered interested parties), and best of all, video recordings.

The problem is this: many husbands threaten their wives in private, without witnesses, rightly reasoning that the woman will not want to “wash dirty linen in public.” And it’s not always possible to make a hidden camera - how to understand where and when a situation will arise when a “domestic tyrant” voices a threat?!

Therefore, the common advice that law enforcement officials give to women who come to write a statement against their spouse is to wait for the moment when the husband tries to directly carry out the threat, and quickly call the police.

If the arriving squad finds a clearly “abnormal” situation, then, firstly, the enraged husband will be given a strict reprimand at the scene, and secondly, this will already be evidence of an offense and a reason to initiate a criminal case. Also, the basis for starting a trial will be bodily injuries, etc.

But!!! Who would agree to risk themselves like that - secretly trying to call the police, waiting 10-20 minutes (and there are situations when these minutes are just a very long time!!!), much less allow bodily harm?!

Therefore, unfortunately, in our reality, the words that “saving drowning people are the work of the drowning people themselves” are still true... You yourself decide whether to continue to build a relationship with this person or leave your husband who threatened you.

In any case, there is no need to feel guilty - the law is on your side!

—— Author – Dasha Blinova, website www.sympaty.net – Beautiful and Successful

Copying this article is prohibited!

Many women suffer domestic violence. And divorce is not always the solution.

Often the ex-husband stalks the woman, threatening to kill or injure her. If you are in this situation, take action immediately or risk real violence. There are several ways to reason with a separated man, which we will discuss below.

Evidence base

Collecting evidence when filing a complaint about threats to the police is one of the most important stages, and if you skip it, you should not be surprised if the complaint is left without consideration at all.

The following may serve as evidence of the illegality of acts on the part of a spouse:

• Witness's testimonies;
• Audio and video recordings;
• Screenshots of correspondence with my husband (from the phone, from the computer);
• Dictaphone recordings (for example, of a telephone conversation);
• Testimony of the injured party.

All available evidence should be attached to the completed application in the form of additional documentation.

Going to court

If, after considering the application, a decision is made to initiate a criminal case and begin proceedings, the parties to the case will be summoned to an initial hearing, during which the wife, as the injured party, will give the necessary testimony, as well as provide evidence of her husband’s criminal acts.

In turn, the husband, as the accused party, has the right to provide his evidence, which will help justify his actions and, ultimately, recognize his innocence.

Following the hearing, the judge may decide:

• On the detention of the accused party;
• On payment to the injured party of material compensation for moral damage caused.

The listed decisions can be made either individually or in combination - both at once.

Responsibility

For threatening his wife, an unscrupulous family man must suffer appropriate punishment. In most cases, the Criminal Code imposes restrictions on the freedom of the offender.

Liability may be chosen as a preventive measure :

• With qualifying features;
• Without qualifying features.

Let's take a closer look at each of them.

With qualifying features

The definition of the concept of “qualifying characteristics” is given in the second part of Article 119 of the Criminal Code of the Russian Federation. Thus, it is understood as voicing threats based on racial, political, national or ideological hostility, or against the background of social inequality.

In this case, the following penalties are provided:

• Forced labor for up to 5 years + ban on holding certain positions for up to 3 years;
• Imprisonment for up to 5 years + similar restrictions.

Without qualifying features

In the absence of qualifying features, the penalties are determined by Article 119 of the Criminal Code of the Russian Federation. According to it, for threats without motive, a negligent husband will face:

• Restriction of freedom for up to six months;
• Imprisonment for up to 24 months;
• Forced labor for up to 24 months;
• Mandatory work for a period of 400 to 800 hours.

Advice from lawyers

If you receive death threats, you can be held accountable in the following cases:

1. If there is evidence that the person has received death threats (to break your head, throw you from the 10th floor, etc.), and not abstract intimidation, in the spirit of “I’ll hit you now”;
2. The voicing of the threat was accompanied by reinforcing actions. For example, a husband promised to kill his wife by putting a knife to her throat.

• In a situation where an attacker hurls threats at you, under no circumstances should you respond to them or threaten in response. The response will further anger the offender and encourage him to commit atrocities that he is only threatening to put into practice;
• Collect as much evidence as possible that will confirm the fact of the threats voiced if you are going to contact the police with a statement against your negligent spouse;
• When filing a petition for threats, refer to Article 119 of the Criminal Code of the Russian Federation. Subsequently, this will become the basis for initiating criminal proceedings;
• If law enforcement agencies refuse to open a criminal case, as well as provide other assistance, pack up and leave the house in which you are humiliated in every possible way, and perhaps one day even deprived of your life!

Where to go and how to behave

Do not give in to emotions, try to be detached, in moments when your husband threatens physical violence, adhere to the following sequence of actions:

1. Do not threaten your ex-husband to go to the police, this will only make the situation worse. Try to record several conversations without him noticing. The records must have the date and time; this information will be needed in court.
2. Contact your relatives and neighbors. If you scream loudly, your neighbors can confirm this during the court hearing. It is advisable that your relatives and friends try to support you and be on your side. In the event of a trial, your relatives will be called as witnesses; it is important that they confirm your version of events.
3. Call the police, call the squad, the employees must draw up a report and open a case.
4. If law enforcement officers refuse to help you, contact the prosecutor's office. If the prosecutor's office is inactive, write a letter to the prosecutor general about the violation of your rights and failure to fulfill duties by the prosecutors of your city.
5. After opening a case, you must be present in court and give evidence.