Write a complaint against your husband or ex-husband: sample

Where should I contact?

If the husband consistently threatens physical violence or murder, this is a good reason to file a complaint with law enforcement agencies. In this case, you can contact the police, the prosecutor's office, the Civil Court, or the Magistrate.

According to the Constitution and current legislation, due to the severity of the consequences, the injured party can immediately go to the prosecutor's office. This is important, if a spouse has committed violence against a minor child, he should be deprived of parental rights; the same situation applies to harm to a pregnant woman.

My husband beat me, what happens after I write a statement?

Good afternoon The qualification of your husband's actions depends on the severity of the harm caused to your health. In your case, this is most likely either Art. 116 or Art. 115 of the Criminal Code of the Russian Federation: infliction of beatings or other violent actions causing physical pain, or causing minor harm to health, respectively.

After filing a statement with the police, you will be given a referral for a medical examination to determine the severity of the injury. The investigator will conduct a check on your application, you, your spouse, and other witnesses will be interviewed. The police then submit the material to the magistrate, from whom you will receive an order to bring the statement in accordance with the requirements of the law. To do this, you will need to apply to the magistrate to bring criminal charges against your spouse. If you change your mind about holding your husband accountable, you don’t have to make such a statement. The magistrate will issue a ruling refusing to accept the application. But within 2 years you can make a similar application. Or, if after filing an application you reconcile, you will have the right to terminate the criminal case in connection with the reconciliation of the parties at any time before the judge retires to the deliberation room to pronounce a sentence.

As for punishment, according to Art. 116 of the Criminal Code of the Russian Federation: punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months.

Art. 115 of the Criminal Code of the Russian Federation: punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.

The same act committed:

a) for hooligan reasons;

b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;

c) with the use of weapons or objects used as weapons -

shall be 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 liberty 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 a term of up to two years.

If your spouse has not been convicted, then most likely a punishment will be imposed in the form of a fine or compulsory or correctional labor.

Assistance from law enforcement agencies

If you only receive threats, you should immediately go to the police. Only correct actions and the presence of evidence, a clear position will help to hold the offender accountable and force him to compensate for moral damage.

Taking into account the severity of the injuries and aggravating circumstances, a woman can go to the prosecutor’s office with a medical report about battery. It is done even after refusal to initiate a criminal case, appealing an earlier decision. An identical complaint is drawn up as to the police, but with the difference that the details of another recipient are indicated in the upper right corner. The circumstances of the crime, the place and date of the incident, and the spouse’s details should be stated.

It is possible to contact the Justice of the Peace in your area; for this it is important to write an application, provide a copy of your passport, a medical examination report, and other evidence indicating the wrongfulness of your husband’s actions. The peculiarity is that the prosecutor will not participate in the process; the spouse herself will act as the prosecutor. The prosecutor can represent her interests when the woman is helpless.

Step-by-step instructions on how to withdraw a statement from the police?

If the victim decides to contact the police in order to take back a previously written written appeal, then he should know that this document will not be given to him. The application remains at the department, and the citizen needs to do the following :

it is necessary to write in your own hand a refusal of a written appeal, which must be drawn up in the name of the head of the police station or the employee assigned to deal with this matter.
There is no special form provided for these purposes, so it is necessary to briefly and succinctly describe the reasons for the refusal, based only on reliable facts.
The main part should contain a narrative about what specific act on the part of another citizen was perceived as beating, which was the reason for filing the application.
Important! If the refusal of a written document is drawn up on the basis of mutual reconciliation, then the circumstances under which it was possible to reach a common opinion also need to be described in detail.
In the final part of the application, you can refer to parts 2 and 3 of Article 25 of the Criminal Code of the Russian Federation, on the basis of which the refusal of the previously written application was written.
It is necessary to wait for the decision to withdraw the previously written application.

Article 25 of the Criminal Code of the Russian Federation. Crime committed intentionally

A crime committed intentionally is an act committed with direct or indirect intent.
A crime is recognized as committed with direct intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the occurrence of socially dangerous consequences and desired their occurrence.
A crime is considered committed with indirect intent if the person was aware of the social danger of his actions (inaction), foresaw the possibility of socially dangerous consequences, did not want to, but consciously allowed these consequences or was indifferent to them.

Thus, a citizen who wishes to terminate the proceedings in his case should remember:

You cannot pick up the original application;
it is possible to conclude a settlement agreement between the victim and the attacker not on all counts, but only in cases of minor bodily injury;
the investigator has the right to terminate the case or not at his own discretion, even if there is a counter-statement written by the victim.

How is a complaint made?

You need to contact the police at your place of residence and make a complaint in writing. The woman is given a notification coupon; based on the results of the inspection, a decision will be made to refuse or initiate a criminal case. The violator will be given an official warning, then registered and given a special card. According to the law, a card can be liquidated if:

its validity period will expire (1 year);
the offender will be imprisoned or die;
the wife will write a statement that the husband has “corrected”;
the man has been absent from his place of registration for more than 1 year.

What will be the consequences

Don't think that withdrawing your application will be easy. A citizen must have compelling facts that he did not contact the police with the aim of slandering a person.

Since deception in relation to law enforcement agencies is punishable , there is a possibility that a statement written rashly or thoughtlessly can bring its author under the article “slander”.

Of course, no one would want such consequences. Therefore, before you contact the authorities to punish the offender, you need to be completely sure that you are right.

What liability is provided for assault under the Criminal Code of the Russian Federation? And other nuances that will help you better understand the provided punishments:

Classification of beatings.
What is mild battery and what is the liability for it?
What is moderate battery and responsibility for it.
And the most severe punishment will be for causing grievous bodily harm.

Also, in what case will the liability be administrative (according to the Code of Administrative Offenses of the Russian Federation) and when will only a fine be imposed as a punishment?

Consequences of refusing an application

As mentioned above, in fact, refusal of the application can be considered a reason for initiating criminal proceedings against the applicant under Art. 306 and 128.1 of the Criminal Code of the Russian Federation. At the same time, a case for false denunciation can be initiated after the application has been considered and appropriate criminal proceedings have been opened on it. A person can be held accountable for slander even before the actual initiation of a primary criminal case.

However, it should be understood that both of the above crimes must contain signs of knowingly providing false information. Thus, the law enforcement agency or other applicant will have the full burden of proof. Their responsibility will include proving the facts that the original applicant knew about the absence of illegal acts on the part of the person accused of the crime, but still filed an application to hold him accountable for a non-existent crime.

In cases where a person was firmly convinced that a crime had occurred, regardless of the reality of such beliefs, it is impossible to hold him accountable for slander or false denunciation. In general, the current judicial practice under criminal articles 306 and 128.1 of the Criminal Code of the Russian Federation demonstrates an extremely small number of cases initiated on the basis of initial statements on this issue.

What to do if a statement has been filed against you?

What a person who has been reported to the police for beatings should do depends on the following circumstances:

If he really beat the applicant and this can be confirmed by witnesses, the best solution would be to admit guilt, which could subsequently become a mitigating circumstance;

Advice

You can try to negotiate with the applicant to resolve the situation peacefully by withdrawing the application. If he does this, no criminal case will be opened.

If the applicant has fabricated charges, under no circumstances should you admit guilt or sign any documents . This will not only aggravate the situation, but will also make it virtually irreversible;
If the reason for filing a complaint was minor beatings that were inflicted without intent and are of an isolated nature (there are only a couple of bruises on the victim’s body), the accused can challenge this charge;
If the accused himself has suffered beatings, he has the right to file a counterclaim alleging beatings;

How to refuse a police report due to the absence of a crime

If the fact of the absence of a crime has been confirmed by law enforcement agencies, a criminal case based on the submitted application will not be initiated. If it has already been initiated, its conduct is terminated, and the case itself is closed. Such closure does not have any consequences, however, the applicant may be required to provide facts confirming the error of his initial application. Evidence of the absence of a crime can be confirmed by witnesses, testimony from a medical examination or examination, and other means.

note

When writing a refusal of an application for the above reason, it is necessary to send such a refusal to the territorial department of the Ministry of Internal Affairs where the initial registration of the application took place. If such an application was forwarded to the area of responsibility of other territorial divisions of the Ministry of Internal Affairs, then the refusal should still be written in the same department where the application was drawn up. The fastest way to close a case or stop considering a police complaint is to directly issue a refusal to the investigator or other employee working on it.

Forcing a person to refuse to report to the police for the above reasons may itself constitute a criminal offence. In this case, the application will be considered valid, even if there was an actual refusal.

What is considered battery?

It is not possible to file a report of battery in all cases. For an application to be accepted, the following factors must be satisfied:

The beating must be visible . According to Article 116 of the Criminal Code of the Russian Federation, abrasions, wounds, bruises, scratches, i.e. are considered battery. mild physical harm;
Intent has been proven . In order for a criminal case to be opened after filing an application, it is necessary to prove that the offender beat the victim intentionally, wanting it, and not accidentally, for example, by simply pushing her to the side;
Repeated acts of violence of a certain nature , i.e. the rapist must hit the victim not once, but at least several times;