美國紐約 相片:iStock

中国遊客張女士一家在春節期間到紐約旅遊,在回國前夜,兩人在酒店外發生激烈爭吵,夫妻二人還互相推搡,兩名路人看到後報警。警方到場,以涉嫌家暴罪名逮捕男方。

據中國駐美國紐約總領館微信公眾號消息,春節期間,駐紐約總領館接到一起中國公民求助案件。遊客張女士一家到紐約旅遊,在回國前一晚,因為一點小事,張女士和丈夫在旅遊點住地酒店外面,發生激烈爭吵。一時情緒激動,夫妻二人還互相推搡。兩名路人看到後報警。

警方到場,男方以涉嫌家暴罪名被捕,面臨第二天保釋、出庭、聘請律師等費時傷財的司法程序,原定回國行程也不得不推遲。

中國駐紐約總領館提示,在美國,夫妻動手打架被視為家庭暴力。執法機關對涉嫌家暴案件十分重視,對待家暴罪執法嚴苛,一旦有家暴跡象,警方會立即採取執法行動。夫妻吵架,如女方報警,男方往往會被捕接受調查。有時,可能夫妻一方並不想警察逮捕對方,只是想警告對方。但事實上,警察到達現場,如發現一方有傷,會立即逮捕另一方。有時,警方發現夫妻雙方都有傷且相互指責,可能會同時逮捕夫妻雙方。

在美國,家暴案件屬於公訴罪範疇。一旦正式進入家暴案審理程序,地方檢察官將代替受害者對被告提出訴訟,此時,即便受害方後悔也無法撤訴。涉家暴案被捕,一般會被拘押1至3天,才能上庭等待法官發落,交幾千美元的押金,才能取保侯審。如案情嚴重,還要聘請律師,準備正式開庭。更麻煩的是,開庭一次,大約要等一兩個月的時間。

一旦家暴案確立,警察可以發出保護令,不允許涉案雙方住在一起。嚴重情況下,保護令可持續數月甚至一年,有時會導致夫妻關係徹底破裂、家庭解體。

中國駐紐約總領館提醒赴美東地區旅遊的中國公民,出國前,可事先登陸中國領事服務網和駐紐約總領館網站,瞭解美國法律法規和中美文化差異,學習一些美國法律常識,避免因為誤解而引起糾紛,甚至觸犯當地法律而不自知。旅途中,如發生家庭矛盾,應做好溝通,妥善處理,展現並維護中國遊客的良好形象。

美東地區中國遊客如需領事協助,可撥打駐紐約總領館領事保護專線電話:212-6953125。外交部全球領事保護與服務應急呼叫中心電話:+86-10-12308或+86-10-59913991。

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