Supreme Law: Divorce lawsuits are not required to apply for a "personal safety protection order" due to domestic violence

Cover news reporter Su Yu

On July 15th, the Supreme Law was held in a press conference to introduce the relevant situations of the "Supreme People's Court on Several Issues of Law on the Application of Laws for the Institute of Personal Safety Protection Cases". Zheng Xuelin, president of the Supreme Dharma, introduced at the meeting that the personal safety protection order to the people's court does not need to file a divorce lawsuit or other lawsuits first. The application, review, and implementation of the personal safety protection order are highly independent. " Regulations will be implemented on August 1.

Zheng Xuelin, president of the Supreme Dharma.

According to Zheng Xuelin, Article 23 of the Anti -Family Violence Law stipulates that if the parties apply for a personal safety protection order from the people's court due to the actual danger of family violence or facing domestic violence, the people's court shall accept it. In the six years of the Anti -Family Violence Law, people's courts at all levels have actively performed their duties and their personal safety protection orders have increased year by year. According to statistics, as of December 31, 2021, the national courts made a total of 10,917 personal safety protection orders, which effectively prevented and stopped the occurrence or re -incidence of domestic violence, and protected the personal safety and personality dignity of domestic violence victims.

The "Regulations" clarify that the case of personal safety protection order does not depend on civil litigation procedures such as divorce. Article 1 of the judicial interpretation stipulates that the personal safety protection order from the people's court shall not be based on civil lawsuits such as divorce. This is in line with the basic characteristics and institutional purposes of personal safety protection to stop domestic violence in a timely manner.

Appropriate expansion of the application situation and the main scope of the application. Article 23 of the Anti -Family Violence Law stipulates that the parties are those who have no ability of civil behavior and restrict the ability of civil behavior, or they cannot apply for a personal safety protection order due to force and intimidation. Council, resident committee, villagers' committees, and rescue management agencies can apply for. In practice, there are still situations that cause the victims to dare or not be able to apply for due to age, disability, and serious illness.

In order to maximize the protection of such special difficulties in this type of special difficulty, the relief of the personal safety protection order system can be obtained in accordance with the law, and the "Regulations" properly expanded the situation of the application on the basis of the anti -domestic violence law. "Wait, the relevant departments can be applied on behalf of the party's wishes.

In addition, in combination with trial practice, according to the content of the responsibilities of relevant departments, for the main body of the application, the civil affairs department, the disabled federation, and the elderly organizations established in accordance with the law to fully mobilize the power of the whole society and further weave the dense pairs. The protection network of this type of personnel jointly protects its personal health and life safety.

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