What evidence can be applied for a personal safety protection order after the phone recording is suffered from 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". In the "Regulations" clearly, in the case of a personal safety protection order, the people's court believes that if the applicant suffers from domestic violence or facing the facts of the danger of domestic violence, there is a greater possibility that a personal security order may be made in accordance with the law. Telephone recording, SMS, instant messaging information, emails, etc. between the respondent and the applicant or their close relatives can be used as evidence.

Supreme Law New News Conference.

The "relevant evidence" of the application personal safety protection order also includes: the statement of the parties; the family violence warning of the public security organs, the decision of administrative punishment; Applicants have issued regrets or guarantees, etc.; record audiovisual materials such as domestic violence or resolution process; diagnosis and treatment records of medical institutions.

The applicant or the applicant's unit, the civil affairs department, the resident committee, the villagers' committee, the women's federation, the disabled federation, the protection organization of the minor, the elderly organization, rescue management agency, anti -domestic violence social welfare institution established in accordance with the law The other units receive records of complaints, reflections or help.

Jereal children provide testimony of testimonies that are compatible with their age and intelligence, or other witnesses such as relatives and friends, neighbors, etc.; wounded appraisal opinions; other evidence that applicants can prove that the applicant suffers from domestic violence or face the danger of family violence.

The reporter noticed that the "other measures to protect the personal safety of applicants" stipulated in Article 29 of the Anti -Family Violence Law may include the following measures: prohibiting the respondent from using telephone, SMS, instant messaging tools, emails, etc. Insulting, slander, threatening applicants and their related relatives; prohibit the respondents from being engaged in a certain range of residences, schools, and work units of applicants and their related relatives. Normal life, study, and work activities.

In the divorce case, if the judgment is not allowed to divorce or mediate, if the respondent violates the personal safety protection order to implement domestic violence, it may be identified as the "new situation, new situation, new situation, new situation and new paragraph 7 of the Civil Procedure Law. reason". If the respondent violates the personal safety protection order and meets Article 313 of the Criminal Law, it refuses to implement the judgment and the crime and punishment; at the same time, if other crimes are constituted, it shall be handled in accordance with the relevant provisions of the Criminal Law.

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