Domestic Violence as Grounds for Divorce: How to Gather Evidence and Get Emergency Protection

05-08-26 MTParners

Decree 282/2025/ND-CP expands the definition of “economic violence,” while Circular 66/2025/TT-BCA tightens monitoring of no-contact orders — giving victims of domestic violence stronger legal tools for both divorce proceedings and immediate self-protection.

Domestic violence in Vietnam is no longer limited to physical assault. Controlling a spouse’s money, isolating them emotionally, or threatening them verbally are all now legally recognized as domestic violence — and are grounds for a court to grant a unilateral divorce. Since 15 December 2025, Decree 282/2025/ND-CP has formally penalized controlling a spouse’s assets or income, with fines of up to VND 30 million. Together with Circular 66/2025/TT-BCA, which requires commune-level police to assign a monitoring officer for no-contact orders within one hour, victims of domestic violence in Vietnam now have more legal tools to protect themselves and support a divorce claim.

Domestic Violence — Clearly Recognized Grounds for Unilateral Divorce

Article 56 of the 2014 Law on Marriage and Family provides that either spouse may request a divorce when continued cohabitation is no longer sustainable and the purpose of the marriage can no longer be achieved — with domestic violence being a typical ground courts will consider.

Resolution 01/2024/NQ-HDTP issued by the Council of Judges of the Supreme People’s Court provides specific guidance: domestic violence is grounds for a court to grant a unilateral divorce without requiring prolonged, repeated mediation, provided sufficient evidence is presented.

The 2022 Law on Prevention and Control of Domestic Violence (effective from 1 July 2023) defines domestic violence across four categories: physical, psychological, sexual, and economic violence — a significant expansion from the traditional understanding limited to physical assault.

From 15 December 2025: “Economic Violence” — Controlling Money Now Officially Penalized

Decree 282/2025/ND-CP (issued 30 October 2025, effective 15 December 2025, replacing Decree 144/2021/ND-CP) adds a dedicated category of economic violence under Article 44: controlling a family member’s assets or income in order to create material, psychological, or other forms of dependency — with fines ranging from VND 20 to 30 million.

This is a notable development: previously, behavior such as “withholding a spouse’s entire salary,” “concealing family income,” or “preventing a spouse from working to create economic dependency” was often treated as a private family matter, difficult to address through administrative sanctions. There is now a clear legal basis, and any resulting penalty decision becomes important evidence to prove domestic violence in a divorce case file.

Emergency Protection: No-Contact Orders and New Monitoring Mechanisms

Under Decree 76/2023/ND-CP, which guides implementation of the Law on Prevention and Control of Domestic Violence, a victim (or their guardian or legal representative) may request the Chairman of the Commune People’s Committee to issue a no-contact order when domestic violence threatens life or health. The person subject to the order may not approach the victim within 100 meters (unless a protective barrier is in place) and may not use phone calls or social media to continue the abuse.

Circular 66/2025/TT-BCA (issued by the Ministry of Public Security on 21 July 2025, effective 4 September 2025) tightens enforcement: immediately upon receiving a no-contact order, commune-level police must assign a monitoring officer and notify all relevant parties within one hour, and must establish and maintain a compliance-monitoring file. This is a meaningful change from the past, when no-contact orders were often largely symbolic due to the lack of a concrete monitoring mechanism.

Gathering Evidence of Domestic Violence — What Courts Will Accept

A record of the report made to commune/ward police when the incident was reported.
Any administrative penalty decision issued under Decree 282/2025/ND-CP.
Medical examination results and treatment records related to injuries caused by the abuse.
Text messages, audio recordings, photographs, and witness statements (from neighbors or relatives) documenting psychological or economic abuse.
A no-contact order, if one has been requested — this serves both as a protective measure and as indirect evidence confirming the abusive conduct.

Practical Impact

By clearly codifying “economic violence,” the law now provides an administrative basis to support divorce filings in cases that were previously difficult to prove — such as financial control or emotional isolation. The stricter monitoring mechanism for no-contact orders also helps shorten the time victims must endure abuse while awaiting a court’s resolution of their case.

Recommendations

For individuals currently experiencing domestic violence: report to commune-level police as soon as an incident of abuse occurs (including psychological or economic abuse) to build an evidence file; proactively request a no-contact order if you feel threatened; and systematically keep records of messages, recordings, and receipts related to financial control. Consulting a lawyer before filing for unilateral divorce is advisable, in order to build a complete evidence file from the outset and avoid repeated requests from the court for additional documentation that could prolong the case.

MT & Partners Law Firm, with an experienced team of lawyers specializing in marriage and family law, is ready to assist with evidence gathering, preparing divorce case files, and protecting clients’ lawful rights and interests. Contact hotline 0987140772 or email info@mtpartners.vn for a consultation.

(*) This article is for reference only and does not replace specific legal advice.

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