Prevent and stop domestic violence, personal safety protection order judicial interpretation will be implemented today

Personal safety protection order is an important system created by the Anti -Family Violence Law, which can effectively prevent and stop the occurrence of domestic violence or occur again.

Today (August 1), the "Provisions on the Supreme People's Court on the Application of Laws for the Application of Personal Safety Protection Order" is officially implemented. The judicial interpretation further solves the problems of the protection order application, proof, identification, and execution in practice. , Timely protect the legitimate rights and interests of the victims of domestic violence.

The "Anti -Family Violence Law" stipulates that the people's court shall accept the person's court due to the actual danger of family violence or facing family violence, and the people's court shall accept it. After the people's court accepts the application, it shall make a personal safety protection order or rejection of the application within 72 hours; if the situation is urgent, it shall be made within 24 hours.

After the people's court makes a personal safety protection order, it shall be delivered to the applicant, the respondent, the public security organs, and the residents 'committees, and the villagers' committees. The personal safety protection order shall be implemented by the people's court, and public security organs, residents 'committees, and villagers' committees shall assist in implementation.

Wang Dan, a judge of the People's Court of Supreme People's Court: Personal safety protection order was made by the people's court in accordance with the law. It is a legal document made by civil rulings, which is legal binding on both parties. The personal safety protection order includes the prohibition of the parties to the implementation of domestic violence and the tracking of harassment to contact the parties. Therefore, its role is mainly to establish a "isolation wall" between the violence of domestic violence and the victim.

According to the "Anti -Family Violence Law", the personal safety protection order may include the following measures: prohibiting the respondent from implementing domestic violence; prohibiting the respondent from harassing, tracking, contacting the applicant and its related relatives; Residence; other measures to protect the personal safety of applicants.

The new judicial interpretation explains other measures, stipulating that the respondent is prohibited from insulting, slandering, threatening the applicant and its related relatives by telephone, SMS, instant messaging tools, emails, etc. Human and related relatives' residences, schools, work units, etc. are engaged in activities that may affect the normal life, study and work of the applicants and their related close relatives within a certain range of access and exit places.

Frozen hungry frequent insults and threats are home violence

According to the "Anti -Family Violence Law", family violence refers to the infringement of physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, and intimidation. But in practice, in addition to the above -mentioned forms, there are other behaviors that can be attributed to the category of domestic violence.

The judicial interpretation has further expanded the types of domestic violence, expanding the scope of personal safety protection order, and ensuring that family members exempt from various forms of family violence.

Judicial interpretation clearly frozen hunger and frequent insults, slander, threats, tracking, harassment, etc. are all domestic violence.

Wang Dan, a judge of the Supreme People's Court, Wang Dan: From the perspective of our investigation and understanding, in addition to the several forms of violence listed by the anti -domestic violence law, there are also in practice, such as the frozen hunger for the elderly and children. This is also a kind Family violence. There are also regular insulting and slander. This is a kind of spiritual infringement. This spiritual damage may sometimes more harm to the victim's damage to the victim, so we clearly listed it, and it also turned to it. The society conveyed such a form is not allowed by the law.

The application protection order does not follow civil lawsuits such as divorce

Does the personal safety protection order of the application must be filed with a divorce lawsuit at the same time? 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.

Wang Dan, a judge of the People's Court of Supreme People's Court: If the victim of domestic violence is suffered or faces the real danger of family violence, he applies directly to the people's court. The people's court is independent of a case number. This is an independent case. There is no need to file a divorce lawsuit or a divorce lawsuit.

Elderly disability can be represented as a personal safety protection order for the application

According to the "Anti -Family Violence Law", the parties are those who have no capacity for civil behavior and restrict the ability of civil behavior, or they cannot apply for a personal safety protection order due to force and intimidation. The committee, the villagers' committee, and the rescue management agency can apply for it.

In response to the situation of the existence of the elderly, disability, serious illness, etc., the victims dare not dare or cannot apply for a personal safety protection order in person. In the case, the relevant departments can be applied on behalf of the party's wishes.

Source: CCTV News Client

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