What should I do after being violent?

Family violence not only brings physical and mental pain to the victims, but also causes indelible damage to the family, which seriously affects the happiness of the family and the stability of society. The "Anti -Family Violence Law of the People's Republic of China", which was implemented on March 1, 2016, stipulated the personal safety protection order system, and played an important role in preventing and preventing the occurrence of domestic violence and protecting the victims of domestic violence. On August 1, 2022, the "Provisions on Several Issues on the Application of Laws on the Application of Personal Safety Protection Cases" (hereinafter referred to as the "Regulations") formulated by the Supreme People's Court began to implement , Practice and other links. The personal safety protection order after the "upgrade" has settled a security isolation wall for domestic violence to prevent domestic violence.

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Harbin Daowai District Court

Aimed at the "soft violence" case involved in the family

After the implementation of the "Regulations"

The first personal safety protection order

The judge taught you how to say "no" to domestic violence!

Introduction to the case

Zhang and Li were introduced to each other in March 2021. After a month of acquaintance, they registered and married. After the marriage, the two sides often had disputes. Li Mou frequently abused Zhang on WeChat. Dozens of seconds, accompanied by threats and intimidation of Zhang and Zhang's relatives. Zhang was sued to the Harbin Daowai District Court for divorce and applied for a personal safety protection order.

Through reviewing the evidence provided by Zhang, although Zhang and Li have lived separately, Zhang still faces real danger of being scolded and intimidating. Zhang requested that Li's request for harassment, tracking, and contact complies with the law. Therefore, in accordance with relevant laws and regulations, the court made a personal safety protection order that prohibit Li from harassing, tracking, and contacting Zhang.

Judge remind

"Soft violence" is also a kind of domestic violence. Facing various forms of domestic violence, the victims must resolutely say "no"! If you are suffering from domestic violence, please call the alarm for the first time, or ask for help from the units, residential (village) civil committees, women's federations and other units, and seek medical treatment in time. At the same time, pay attention to retain relevant evidence, sue or apply for personal safety protection order to the people's court in accordance with the law, and use legal weapons to safeguard their legitimate rights and interests.

"Anti -Family Violence Law of the People's Republic of China"

Article 2 Family violence referred to in this law refers to the infringement of physical and spiritual violations such as beating, binding, damage, restricting personal freedom, and regular abuse and intimidation among family members.

Article 25 The case of a personal safety protection order shall be under the jurisdiction of the grass -roots people's court where the applicant or the respondent residents and the place of domestic violence.

Article 29 Personal safety protection order may include the following measures:

(1) The respondent is prohibited from implementing domestic violence; (2) prohibit the respondent from harassing, tracking, contacting the applicant and its related relatives; (3) or ordering the respondent to move out of the applicant's residence; Other measures for personal safety.

"Provisions on the Supreme People's Court on the Application of Laws for the Application of the Personal Safety Protection Order"

Article 1 The people's court shall accept the person's court in accordance with the actual danger of family violence or facing domestic violence, and shall accept it in accordance with the anti -domestic violence law.

Applying for the personal safety protection order from the people's court will not be based on civil lawsuits such as divorce.

Article 3 The physical or mental infringement of family members shall be identified as a "family violence" stipulated in Article 2 of the Anti -Family Violence Law with frozen hunger or frequent insults, slander, threats, tracking, and harassment.

Article 6 In the case of a personal safety protection order, the people's courts who believe that the applicant suffers from domestic violence or the facts of the danger of family violence in family violence or the facts of the danger of family violence can make a personal safety protection order in accordance with the law. Article 10 "Other measures to protect the personal safety of applicants" stipulated in Article 29, paragraph 4 of the Anti -Family Violence Law may include the following measures:

(1) It is forbidden to insult, slander, threatening the applicant and related close relatives by telephone, SMS, instant messaging tools, emails, etc.;

(2) It is forbidden to engage in activities that may affect the applicants and their close relatives' normal life, study, and work within a certain range of dwellings, schools, and work units that often enter and exit.

Article 12 If the respondent violates the personal safety protection order and complies with Article 313 of the Criminal Law of the People's Republic of China, in order to refuse to implement the judgment and the crime and punishment; Purchase processing.

Source: Harbin Daowai District Court

Edit: Wang Peng, Liu Shuping

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