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Ningfa said: the "explosion shield" against domestic violence - personal safety protection order

Ningfa said: the "explosion shield" against domestic violence - personal safety protection order

01 Brief facts of the case

The applicant Li and the respondent Zhao were originally husband and wife and had a son, and after the marriage, the two parties had a conflict due to trivial family matters, and Li sued the court on the grounds of the breakdown of the relationship between the husband and wife, requesting a divorce from Zhao.

On May 27, 2024, after mediation by the court, the parties agreed to divorce. However, after the divorce by agreement, Zhao went to the residence of Li's parents many times to insult, beat and scold, slammed the door, and caused trouble, resulting in the personal safety and normal life of Li and his close relatives not being guaranteed.

In accordance with relevant laws and regulations, Li applied to the people's court for a personal safety protection order on July 4, 2024, seeking legal protection.

02 Adjudication Results

Based on the evidentiary materials submitted by the applicant, such as the notice of filing the case, the receipt of the report, the administrative punishment decision, and the photos and videos of the scene, the people's court found upon review that the evidence provided by the applicant was credible and sufficient, sufficient to prove that Zhao had committed acts of violence against Li, and that Li's application met the statutory requirements for a personal safety protection order.

In accordance with Article 29 of the "People's Republic of China Law on the Protection of Women's Rights and Interests" and Articles 26, 27, 28 and 29 of the "People's Republic of China Anti-Domestic Violence Law", a ruling was made, ruling that: 1. The respondent Zhao was prohibited from committing violence against Li; 2. The respondent Zhao is prohibited from threatening, harassing, stalking, insulting, or contacting the applicant Li and his immediate family.

Ningfa said: the "explosion shield" against domestic violence - personal safety protection order
Ningfa said: the "explosion shield" against domestic violence - personal safety protection order

After the ruling was made, Judge Cao led the team members to serve the personal safety protection order to Zhao in accordance with the law, and conducted psychological counseling and ideological education for Zhao, urging Zhao to comply with the personal safety protection order and informing him of the legal consequences of violating the personal safety protection order.

Zhao said that he had realized his mistakes, would no longer conflict with Li, and would live their own lives. At the same time, Judge Cao led the team members to the police station and the community party and mass service center in Zhao's jurisdiction to serve the personal safety protection order, and asked the relevant departments to assist in the implementation of the personal safety protection order.

Ningfa said: the "explosion shield" against domestic violence - personal safety protection order

03 Judge's statement

Legal consequences of violating a personal safety protection order. The respondent violated the personal safety protection order and was fined and detained in accordance with Article 34 of the Anti-Domestic Violence Law of the People's Republic of China, depending on the seriousness of the circumstances; Those who meet the requirements of Article 313 of the Criminal Law of the People's Republic of China shall be convicted and punished for the crime of refusing to carry out judgments or rulings; Where other crimes are constituted at the same time, it is to be handled in accordance with the relevant provisions of the Criminal Law.

04 Typical significance

In the current society, especially in rural areas, the awareness of most women and children against "domestic violence" is still not strong, especially in families with domestic violence, weak minor children, whether they directly suffer domestic violence or witness domestic violence, their physical and mental health will suffer irreparable trauma, victims based on the consideration of "domestic ugliness should not be publicized", often "resigned" to "domestic violence", unwilling or afraid to take up legal weapons to protect themselves in time, resulting in "domestic violence" intensifying. The consequences are often more severe. "Domestic violence" has become an important factor that threatens family harmony.

It is in this context that the personal safety protection order is an important right granted to the victim by law. A personal safety protection order is a civil coercive measure, that is, a civil ruling made by a court to protect the personal safety of a victim of domestic violence, his children and certain relatives. According to the provisions of the Anti-Domestic Violence Law, the applicant may apply to the people's court for a personal safety protection order alone without filing any lawsuit.

Assistance in the enforcement of personal safety protection order rulings

The work of preventing and stopping domestic violence requires the coordination and cooperation of all departments, and the courts, as the executive organs, can only protect the victims in a timely and effective manner in accordance with the law, in conjunction with the local police station, the residents' committee where the respondent lives, the local women's federation, the school, and other institutions.

01

The content of the public security organs' assistance in enforcement includes: assisting in urging the subject of the application to comply with the personal safety protection order; Where the subject of the application violates the personal safety protection order during the effective period of the personal safety protection order, the public security organs shall promptly dispatch the police after receiving the police to stop the illegal conduct; After receiving the alarm, rescue and protect the victim, and collect and fix evidence; Where it is discovered that the subject of the application violated a personal safety protection order, the situation is to be reported to the people's court.

02

Residents' committees, villagers' committees, women's federations, schools, and so forth's assistance in enforcement include: conducting regular return visits, follow-up records, and so forth during the validity period of the personal safety protection order, filling out a return visit form or record sheet, and giving feedback to the people's court after the parties sign it at the end of the period; Where it is discovered that the subject of the application has violated a personal safety protection order, they shall be criticized and educated, and a feedback form shall be filled out, and the victim shall be helped to promptly contact the people's court or public security organs; Conduct legal education for perpetrators, and when necessary, conduct psychological counseling for perpetrators and victims.

If you are suffering from "domestic violence", or you do not know the specific behavior of "domestic violence", please check the following carefully

1. What is "domestic violence"?

Physical, mental, or other violations committed between family members by means of beating, binding, mutilation, restriction of personal freedom, and regular verbal abuse and intimidation. This includes, but is not limited to, freezing or starvation, or frequent insults, defamation, threats, stalking, harassment, etc

2. You'd better have one or more of the following evidence

statements of the parties; Domestic violence warnings and administrative punishment decisions issued by public security organs; Public security organs' police dispatch records, interrogation records, interrogation records, police records, police receipts, etc.; A letter of remorse or guarantee issued by the respondent; Audio-visual materials recording the occurrence or resolution of domestic violence; Telephone recordings, text messages, instant messaging messages, e-mails, etc. between the respondent and the applicant or his close relatives; medical records of medical institutions; Records of complaints, feedbacks, or requests for assistance received by units such as the applicant's or respondent's unit, civil affairs departments, residents' committees, villagers' committees, women's federations, disabled persons' federations, organizations for the protection of minors, lawfully established organizations for the elderly, aid management institutions, and social welfare organizations against domestic violence; Testimony provided by minor children appropriate to their age and intelligence, or testimony from relatives, friends, neighbors, and other witnesses; Injury appraisal opinions; Other evidence that can prove that the applicant has suffered domestic violence or is in real danger of domestic violence.

3. In case of emergency, if you do not have enough time to prepare written application materials, you can apply orally

4. If you are a person with no or limited capacity for civil conduct, or you are unable to apply for a personal safety protection order due to coercion, intimidation or other reasons

You may ask your close relatives, local public security organs, civil affairs departments, women's federations, residents' committees, villagers' committees, disabled persons' federations, lawfully established organizations for the elderly, aid management agencies, etc., to apply to the court on your behalf.

Source: Luoning Court Case Filing Division 2 Expedited Trial Team

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