The wife threatens her husband with a knife for the phone. What to do if your husband threatens? Where to go for protection

Threats after divorce are a regular occurrence in Russia. Women rarely know what to do if their ex-husband threatens and insults, so they do not take any measures at all. You have the right to protection under the law of the Russian Federation; contact law enforcement agencies and they will provide you with qualified assistance.

What to do if your ex-husband threatens you

A broken marriage is a serious help in conflict situations that lead to human imbalance, threats, and violence. If your ex-husband threatens you with physical harm, contact the police immediately.

Article 119 of the Criminal Code of the Russian Federation “Threat of murder and infliction of grievous bodily harm” provides protection from attacks on a citizen’s health and will help protect against threats. If the police do not want to accept the statement, contact the prosecutor’s office; the problem will not be solved by itself.

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.

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:

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.
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.
Call the police, call the squad, the employees must draw up a report and open a case.
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.
After opening a case, you must be present in court and give evidence.

Alternative options

Contact funds to help ex-wives, help hotlines, etc. It is advisable to visit a professional psychologist, such a specialist will help you cope with the situation. A psychologist can issue a certificate that will provide sufficient grounds in court to impose a ban on your husband approaching your home.

Protect yourself and your children

Before going to court, it is advisable to arrange a move to a new place. To relatives or just to another city. This can help completely get rid of your ex-husband's attention.

When going to court, indicate that due to constant death threats from your ex, you and your children had to change your place of residence out of fear for the lives of the children. Such facts, supported by evidence, will help you win your case in court and punish the person threatening you as much as possible.

Responsibility for husband's threats

If a husband makes threats over the phone and does not carry out his threats, it will not be possible to achieve a serious punishment for him. He may face: detention until the circumstances are clarified (up to two days), from 3 to 15 days of arrest for illegal actions (resisting the police). In case of attempts to set fire or destroy any property in an apartment owned or rented by the wife - an administrative fine and imprisonment for up to 15 days.

Important! It is necessary to call the police and film beatings in hospitals on the same day when the conflict occurred. Any delays will result in your application not being accepted and the legislation will be powerless.

If a trial begins, a verdict will be rendered. When a husband threatens his ex-wife, the judge operates with the following articles:

Article 119 of the Criminal Code of the Russian Federation. Under this article, a person can receive punishments: imprisonment for a period of 6 to 24 months, compulsory labor for a period of up to 480 hours, forced labor for a period of up to two years. If the victims are seriously injured, the judge may order a fine and treatment costs.
Article 116 of the Criminal Code of the Russian Federation. Supplements the punishment under the previous article, in the case of recorded facts of beatings, by imprisonment for up to 3 calendar months.
Article 115 of the Criminal Code of the Russian Federation. Up to 4 months in prison for causing minor injuries.
Article 112 of the Criminal Code of the Russian Federation. Up to 3 years in prison for causing moderate harm.
Article 111 of the Criminal Code of the Russian Federation provides for imprisonment for up to 8 years if serious harm to health is recorded.

The time limit may be shorter and depends on the judge’s decision and the quality of the evidence presented. In such legal proceedings, the testimony of witnesses is of secondary importance. Exception: a disinterested person who witnessed the beating of the plaintiff.

If you receive threats from your ex-husband, don’t worry about where to turn. Exercise your civil rights and seek protection from law enforcement. A lawsuit is your only option to solve the problem forever and ensure your safety.

According to Article 119 of the Criminal Code of the Russian Federation, the threat of murder or infliction of grievous bodily harm is a crime and entails criminal liability.

Article 119 of the Criminal Code of the Russian Federation. Threat of death or serious bodily harm

murder or infliction of grievous bodily harm, if there were grounds to fear that this threat would be carried out, is punishable by compulsory labor for a term of up to four hundred eighty hours, or by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for up to two years.
The same act, committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group, is punishable by forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

You can hold your husband accountable only in the following cases:

if there was a threat of murder or serious harm;
the threat was real and was perceived as a real danger.

The form of communication can be not only oral, but also written or electronic, as well as arising from actions. For example, a demonstration of weapons.

How to determine the reality of the threat?

The reality of the threat determines its unambiguity. The words spoken must indicate an intention to cause serious harm to the spouse or to commit violence. The reality of the threat may be:

objective- this is a threat that the husband can actually implement at the moment;
subjective– is perceived by the victim as real, however, the husband relies only on mental impact.

It doesn’t matter whether it was the man’s intention to carry out what was said, the corpus delicti is already present at the stage of the threat.

IMPORTANT! The actual implementation of the threat is beyond the scope of this article and entails other criminal liability.

Example 1.
As a result of the quarrel, the husband threatened his wife with grievous bodily harm with a knife. In the process, the woman was pressed with her back against the wall while a weapon flashed before her eyes. She had no doubt about her husband’s intentions to take her life. In this case, there is corpus delicti.
Example 2.
The husband promised to break his wife's arm if she touched his car again. This appeal cannot be considered a threat; there is no corpus delicti.

The main mistakes of women in such a situation

A threat is a way of manipulation on the part of a man. In this way, he tries to suppress his will and get what he needs, namely a submissive spouse who carries out his every order.

Mistakes in the behavior of the spouse:

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.

Step-by-step instructions on how to proceed

Where to go?

Collection of evidence

Without them, it will not be possible to bring the case to court. Evidence of unlawful action on the part of the husband may include:

Witness testimony– these could be cohabitants or housemates.
Video and audio recording– during a quarrel, you can discreetly turn on the voice recorder or camera on your phone. If a woman is serious about proving the fact of the threats, then she can install a hidden camera in advance at the site of the alleged conflict.
Print screen of SMS message or link on the Internet– it’s not uncommon for threats to be recorded using a phone or computer. You should not delete them, because they can serve as evidence of a threat.
Recording a telephone conversation– if the husband has a habit of voicing, then you should install an application that allows you to record during a conversation.
Victim's testimony are also evidence during the consideration of the case.

It is advisable to attach all materials to the initial application.

Legal settlement

If the court decides to continue considering the case, the defendant and plaintiff will be summoned to a hearing. The victim will have to testify and provide evidence in her favor. and, if possible, bring witnesses.

The accused, in turn, may also have witnesses. However, if found guilty, the judge will pronounce a sentence, which may include imprisonment. In addition to the main punishment, the spouse may demand moral compensation.

Read more about what to do if you are threatened with physical harm.

Responsibility

The spouse must bear responsibility for unlawful acts.. As in any criminal case, it provides for serious restrictions on freedom.

Possible liability may include:

without qualifying features;
with qualifying features.

Let's consider each type separately.

Without qualifying features

According to part 1 of the same article 119 of the Criminal Code of the Russian Federation, the threat involves the following types of punishment:

arrest for up to six months;
imprisonment for up to two years;
forced labor for up to two years;
compulsory work from 400 to 800 hours.

With qualifying features

Qualifying characteristics are reflected in the second part of the article and imply making a threat motivated by political, racial, ideological or national hatred, or in relation to a particular social group.

For such a case it is provided:

forced labor for up to five years with deprivation of the right to hold certain positions for up to three years;
imprisonment for a term of up to five years under the same conditions.

How else can you solve the problem?

If a woman feels that there is no way back, and not a trace remains of her former love, then the only right decision would be to file for divorce, pack her things and move to live somewhere else. The fewer points of contact there are between spouses, the calmer the target of threats will feel.

In addition to the legal settlement of the issue They can help a woman who finds herself in a difficult situation:

Male friends or relatives.
The best defense can be an attack. A conversation “like a man” between the offender and those who care about the victim can solve the problem forever.
Fund for helping women in difficult situations.
Such organizations can provide both psychological and legal support. Don't be afraid to look for salvation on the side.

If you are threatened, you can only be held accountable if two conditions are met:
- The threat is specifically murder or causing grievous harm (breaking a bone, disfiguring the face, etc.).
- The threat was real and was perceived as a real danger (the real danger is when they put a knife to your throat, or hung up your dead gutted cat and wrote an SMS that they were following you, they know where they were, described the details of this place and promised to take your life or break all your bones ).
At the moment of threat, you need to control yourself and not show force. When the time comes, you will go to the police and/or leave home with the child.
Try to collect evidence if you contact law enforcement agencies. Evidence will help both them and you in court.
File a complaint with the police - describe everything in detail, refer to 119 of the Criminal Code of the Russian Federation
Conclusion
There will never be peace in a family where there are constant threats from the husband.. No matter how submissive his chosen one may be, sooner or later any woman will think about her safety and about leaving forever. And it will be the right decision. If a loved one once allows such an attitude, you cannot forgive him - HE IS NO LONGER YOUR FAMILY! There is no need to wait for psychological violence to develop into physical violence.
A man who raises his hand to a woman or one who says that he will kill her should no longer be considered a man. We live in a civilized society and remember that you deserve a better life!
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18.09.2019 Victoria SHAHRAI. Photo by Pixabay.

Domestic violence cannot be tolerated. Experts give instructions on what women should do if a man threatens physical harm, beats them, insults them, or turns their own children against them.

If you love, let go

Julia's husband (the heroine's name has been changed at her request) from Starye Dorogi began stalking her during the divorce, calling her constantly, including at night, and threatening to beat her.

Before this, the couple had been married for three years, the reason for the divorce, according to the heroine, was faded feelings. Yulia admits that the aggression from her ex-husband shocked her, because there were no cases of moral or physical violence during the marriage.

– At first I wanted to separate peacefully, I submitted an application to the registry office, but he did not agree, he said that we would make peace. After that I filed a lawsuit.

This whole year he has not allowed me to live in peace. He says that he wants to make peace, and when I say that this will not happen, he begins to swear, several times he watched me at the entrance.

According to Yulia, now she is stressed, she rarely leaves the house, she is so afraid of accidentally meeting her husband.

The trial is scheduled for December, and the heroine admits that she fears that her ex-husband will move from threats to action.

What can be done for a woman who finds herself in such a situation?

Irina Sukhanova, legal consultant at the national hotline for victims of domestic violence says that there is no direct responsibility for the persecution of a victim in Belarus.

But in such actions there are signs of intentional infliction of mental suffering, and for this one can be brought to administrative responsibility. Therefore, the victim can write a statement to the police, in which it is important to describe what mental suffering she is experiencing. Only close relatives or family members can be held liable for causing mental suffering.

If the spouse/cohabitant makes direct threats of murder during the persecution, i.e. directly says that he will kill, then you can write a statement about committing a criminal offense. But if the aggressor openly expressed a threat to kill, pursued, but did not take action, then the initiation of such a case may be refused.

Maria Kapustina, psychologist, head department of TCSON of Pervomaisky district, believes that if a person with whom the relationship has already ended pursues a woman, it means that somewhere she made it clear to the man that he still has a chance for a relationship.

– It’s worth starting with a frank and calm conversation, in which you try to clearly, without turning to tears or screaming, thank the person for everything that happened and convey to him that the relationship will no longer continue. In extreme cases, you should contact the police.

What to do if a man threatens physical harm?

Psychologist: You need to take such threats seriously and assess all the risks in advance. Even at the stage of verbal threats, it is worth making it clear to the man that if something happens, the woman will be able to give a worthy rebuff. And you should think about ending this relationship.

Lawyer: it is necessary to seek protection from the police. They will help you draw up a statement as part of the administrative process, and if they see signs of a criminal offense, they will offer to write a statement about criminal prosecution.

What to do if the aggressor causes pain, but there are no clear visible marks left on the body?

Lawyer: impacts may not leave visible marks but may cause serious internal damage. Such actions must be recorded also because they will be taken into account and considered by the court. You should definitely contact a medical facility, and as soon as possible. At the emergency room, you need to not only record and examine all possible injuries, but also insist that they indicate that they were caused by a person close to you. And also file a complaint with law enforcement agencies.

What to do if the aggressor uses psychological violence?

Lawyer: administrative liability is provided for causing mental suffering. But we must remember that only a close relative or family member can be held accountable. For example, the ex-wife is a former family member, so attracting the aggressor will not work.

Psychologist: If discomfort arises in a relationship, you need to start with a heart-to-heart conversation. It is worth telling your partner about your experiences, fears, and discomfort. Perhaps he will change. If this does not happen, you should ask yourself: do I need this relationship? There is usually only one way out - to leave the rapist-victim relationship. Unfortunately, in a situation of domestic violence, it is difficult to “reach out” to a woman and persuade her to leave her husband with sadistic tendencies, a brawler. First of all, a woman must remember that domestic violence is cyclical. It develops in a spiral and will never end. First an act of violence, then a stormy reconciliation with apologies, a period of calm, then another act of violence. There is no other way! Each time the beatings become more severe, and the periods of “quiet” may last longer, but then the beatings still occur.

What to do if you are divorced but forced to live together?

Lawyer: property acquired by spouses during marriage, regardless of which spouse it was acquired for or which spouse acquired it, is their common joint property. Spouses have equal rights to own, use and dispose of this property, unless otherwise provided by the marriage contract. Therefore, during a divorce, it is necessary to agree on the division or exchange of property. If this is not possible and the victim remains to live with the aggressor, it is important to contact the police when aggression occurs in order to prevent more serious crimes. If the ex-spouse abuses alcohol, he can be sent for compulsory year-long treatment at a medical treatment facility.

A protective order cannot be applied to a former spouse. It can only be applied to a family member for insult, destruction (damage) of property, or physical violence.

A protective order may prohibit communication with the victim, making attempts to find out the victim's whereabouts, and even leaving the shared housing.

What to do if your ex-husband turns the child against the mother?

Lawyer: Parents have equal rights and responsibilities in raising a child. Upon divorce, spouses can enter into an agreement between themselves in which they will determine all issues of raising and maintaining children.

According to the Gender Perspectives website on the national domestic violence line in 81% cases, victims call - 94% women, 6% men. IN 18% relatives and friends call 0,3% - aggressors.

As practice shows, if parents have not reached an agreement on the order of upbringing and living of children, such cases are very painful and are considered in court. Moreover, they are considered with the mandatory involvement of the prosecutor, the guardianship and trusteeship authority. From the age of 10, the child’s opinion is taken into account; from the age of 14, the child can decide for himself which parent he will stay with, including filing a lawsuit.

Psychologist: try to come to an agreement in person during a meeting, in a calm atmosphere. If it doesn’t help, it’s best to go to court.

Where can I go, where can I look for help?

Lawyer: A large percentage of victims endure violence for many years. They are afraid to contact the police for fear of supposedly “making the situation worse.” But fear and patience do not help solve the problem of violence. On the contrary, our consulting experience shows: each time the situation only gets worse. There is no need to be afraid to go to crisis rooms and shelters. Unfortunately, there are often cases when a victim after a beating, already having serious health consequences, still does not want to move to a shelter or write a statement to the police.

Victims of domestic violence can obtain detailed information from TCSON: st. 50 let VLKSM, tel. for consultations 72-73-77. The crisis room is located at a different address and its location is hidden.

In Belarus there are crisis rooms, shelters and shelters for victims of domestic violence. To check into state crisis rooms, you need to contact the territorial centers for social protection of the population. Shelters for victims are also provided by public organizations: for example, “Radislava”, “SOS Children’s Villages”, where the victim can move in at any time, subject to availability.

Contact the National Domestic Violence Hotline8 801 100 8 801 . It is consulted by lawyers and psychologists. Together we can create a plan to get out of a difficult situation.

We hope that none of our readers will encounter such a situation in life! But, alas, those women who experienced threats from a spouse (or ex-spouse), They also hardly believed that this would happen to them - after all, they, too, once married a loving man! What to do, if husband threatens(or ex-husband) who to turn to and for what help, how to respond to threats- advises the women's website.

The husband threatens: what should the wife do?

First, you need to understand that this is not just “Vasenka is in a bad mood, you have to endure it” or “hitting means loving”!

Threats are an unlawful act. and you are absolutely not obliged to put on a “good face on a bad game” by listening to all this from your husband!

So, common mistakes that should not be made if your current or ex-husband threatens:

Don't tell anyone about the threats. Like, why would I ruin the family’s reputation? Everything will still be fine, but my husband and I will be thought poorly of, etc. Of course, you should hope for the good, but you cannot remain in a situation where no one can help you, support you, and, in the end, confirm to the police that there really were threats! Think about who can become your “safety net” - parents, sister or brother, friends?.. In fact, publicity can be a very effective means of appeasing the threat - the husband may be afraid of ruining his own reputation!
Do not contact law enforcement. Each local police officer will confirm how often neighbors, relatives and other third parties report about “domestic violence” - but not the affected women themselves! For some reason, in the Slavic mentality there is a very strong stereotype that if a husband threatens his wife, then “it’s her own stupid fault” and there’s no point in disgracing herself by making statements against her own husband! But this is exactly what tyrants and blackmailers use - confidence in impunity!
Continue to endure this for years. To our great regret and horror, many families (if you can call it the word “family”) exist like this for years and decades - the husband drank, began to spew threats or even carry them out, sobered up, looked with repentant eyes, three days passed - history repeats itself... Not one must think that a threatening husband should be re-educated, “made to fall in love again”, especially just to endure the “hard woman’s lot”!.. It’s especially worth thinking about seriously if there are children in the family!!!

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. And what to do exactly at that the 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 to write 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 requirements threatening. Avoid hysteria and maintain an even, soothing tone of voice.

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 can’t threaten your wife in the same way as you can threaten 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: 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(police) and ask the local police officer to accept threat statement.

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 dthreaten and bring this person to justice before the law, then facts will be required - 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 - very many husbands threaten their wives in private, without witnesses, rightly reasoning that the woman would 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 an application for their spouse is: wait until your 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 like that? risk yourself– 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 allowing 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 the one who threatened you.

Anyway, no need to feel guilty - the law is on your side!

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