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[Follow] The Supreme Law is clear: These actions are domestic violence!

Author:Published by Hubei Time:2022.07.15

July 15th

The Supreme People's Court held a press conference

Release the "Case on handling personal safety protection orders

Provisions for the applicable laws of law "

Highlight the victim of domestic violence

Timetability of equity protection

To maximize protection of domestic violence

The legitimate rights and interests of the victim

Judicial explanation will be implemented from August 1st

Article 1 of the judicial interpretation stipulates that the personal safety protection order to the people's court does not need to file a divorce or other lawsuits first, nor does it need to file a lawsuit such as divorce within a certain period of time after the personal safety protection order.

The Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to the infringement of physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, intimidation, etc. between family members." The types of domestic violence have been listed, and they are expanded, clearly frozen and hungry, and regular insults, defamation, threats, tracking, harassment, etc. are all domestic violence.

According to the characteristics of domestic violence, the judicial interpretation summarizes practical experience, enumerates the form of evidence, clearly guides the trial practice, and provides a clear behavioral guidance for domestic violence victims and collects evidence. For more common parties, such as the statement of the two parties, the regret or guarantee issued by the respondent, telephone recording, text messages between the two parties, the diagnosis and treatment records of medical institutions, and the records of the Women's Federation and other records of reflection or help.

According to the privacy of domestic violence, judicial interpretation is included in the form of evidence, incorporating testimony provided by young children into the scope of family violence evidence.

The judicial interpretation has been appropriately expanded on the situation of the application, and the situation of "old age, disability, serious illness" and other situations can be applied on behalf of the relevant departments on the premise of respecting the wishes of the parties.

In practice, the respondents often debate their domestic violence. It is one of the more common situations to find an excuse for their behavior on the grounds that "there is a mistake", and even taking the opportunity to control the other party through violence. The relevant person in charge of the Supreme Law emphasized that any reason is not an excuse for implementing domestic violence.