Personal safety protection order new rules take effect | anti -domestic violence!What do you do this year?

What should I do if I encounter domestic violence?

What evidence can prove that I have suffered?

How to apply for personal safety protection order?

A few days ago,

"Supreme People's Court on handling personal safety protection orders

Provisions on Several Issues of Laws for Cases "

release,

Further refine the case of personal safety protection order

The scope of application and clear ruling rules.

This provision shall be implemented from August 1.

Since the beginning of this year, the Xi'an Court has actively fulfilled their duties.

Issue multiple personal safety protection orders,

A "isolation wall" was built between the victim and the victim,

Support the "protective umbrella" of the law for the victims of the domestic violence

Let's take a look together

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Weiyang District Law Institute 法

In March 2022, Xie was a victim of a great violence in the case accepted by the Weiyang District Court.

Xie Mou met and fell in love with Tang. During his love, Tang had a sudden illness. Xie Mou resigned his work and took care of it. Because Tang had a slightly irritable temper, he occasionally beat Xie Mou because of some family trivial matters. I did not care about the place without taking care of the place.

In January 2003, the two sides registered to get married. At first, because Tang often went out to work, the two sides quarreled less often. Since 2017, the two sides have lived together. Due to economic pressure and disagreement, the two sides often quarreled, and Tang occasionally beat Xie Mou. At the beginning of 2022, Tang beat Xie because of family chores. On February 8, Xie Mou applied for a personal safety protection order to Weiyang District Court.

After the trial, it was found that the two parties often quarreled due to trivial matters after marriage and had negotiated divorce. However, due to the failure of the child's support, the two parties still lived together for the child. Beating. The judge severely criticized Tang's act of implementing domestic violence, and carefully educated and guided the two sides. It was normal to have quarrels between husband and wife. It should be actively communicated and dealt with correctly. And what children need is a warm family, and family violence will cause incurable damage to the growth of children.

In the end, the Weiyang District Court issued a personal safety protection order to prohibit Tang's beating and threatening Xie, and sent it to both parties, communities and police stations.

✦ 院 鄠 鄠 区 区 区

In March of this year, in the process of hearing a divorce dispute, a personal safety protection order was issued in the process of hearing a divorce dispute to support the legal umbrella for the victims of domestic violence.

The applicant Zhang and the respondent Li registered in 1989. After the marriage, there was a daughter and a son. Because Li was alcoholism all year round, and he often violence Zhang and his children after drinking. The court requested a divorce. In the process of handling the divorce litigation, the undertaking judge found that the parties were facing the danger of domestic violence, and took the initiative to inform him that he could apply for a personal safety protection order from the people's court. On March 16, Zhang submitted an application for a personal protection order to the court.

After receiving the application, the judge was reviewed by the injured photos, hospitalization medical records submitted by the applicant according to law, and believed that it met the statutory conditions of the personal safety protection order of the applicant. At the same time, at the same time, the judge persuaded Li to educate Li, and made Li deeply realize his mistakes in a "sympathy and co -reasoning" manner, and explained to him. If it violates the ban, the court will be based on " Article 34 of the Anti -Family Violence Law of the People's Republic of China stipulates that the severity of the circumstances will be punished and detained in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Yanta District French Academy 区

In June 2022, the "Personal Safety Protection Order Application Green Channel" received a personal safety protection order for the "Personal Safety Protection Order for Personal Safety Protection Order".

The applicant Ms. Wang filed a divorce lawsuit to the court because of her family violence many times during her marriage relationship. And threatened by Ms. Wang's privacy photos and videos, Ms. Wang's personal safety was in danger and applied to the court to issue a personal safety protection order.

After reviewing the application materials of the green channel staff, the case was believed to be urgent, and it met the acceptance conditions of the personal safety protection order. Immediately arranged the staff to handle the filing procedures, transferred to the business court for handling in accordance with regulations, and transferred the case on the spot. The case was only less than an hour from the applicant's submission of materials to the acceptance of the judge of the trial. The judge immediately interviewed the parties, quickly tried and made a personal security order ruling and delivered it to the parties. The fast, fast trial, and fast knot of the case have timely protect the rights and interests of the victims, fully reflect the efficient convenience of applying for a green channel for the personal safety protection order of the Yanta Court, and achieved good results.

How to apply for personal safety protection order?

Personal safety protection order is a civil compulsory measure. It is a civil ruling made by the people's court to protect the personal safety of domestic violence and their children and specific relatives and ensure the normal progress of the proceedings of marriage cases. According to Article 25 of the Anti -Family Violence Law, the case of the personal safety protection order shall be under the jurisdiction of the grass -roots people's courts where the applicant or the respondent residents and the place of domestic violence. Personal safety protection order itself has a procedural independence, and does not focus on civil lawsuits such as divorce.

Application subject for personal safety protection order:

1. The parties who suffer from domestic violence or face the danger of family violence; 2. If the parties are those with no capacity for civil behavior and restrict civil behavior, or they cannot apply for a personal safety protection order due to force and intimidation, their close relatives, relatives, Public security organs, women's federations, resident committees, villagers' committees, and rescue management agencies can apply on their behalf;

3. The parties cannot apply for a personal safety protection order due to the elderly, disability, and serious illness. , Rescue Management Agency, etc., according to the wishes of the parties, you can apply for it;

4. People who live together outside the family generally include daughter -in -law, son -in -law, in -laws, parents -in -law, and other people with monitoring, supporting, and fostering. That is to say, if the aforementioned person lives together, one of which is suffering from domestic violence or facing the danger of family violence.

Personal safety protection order can contain compulsory measures:

1. The respondent is prohibited from implementing domestic violence;

2. It is forbidden to harass, track, contact the applicant and its related relatives;

3. Order the respondent to move out of the applicant's residence;

4. It is forbidden to insult, slander, threatens the applicant and its related close relatives by telephone, text messages, instant messaging tools, emails, etc.

5. 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 residences, schools, and work units that often enter and exit in the applicants and their related close relatives.

Preparation for the person's safety protection order:

Personal safety protection order application table template

请 The main qualification information of the applicant and the respondent (such as a copy of the ID card, a copy of the marriage certificate, a copy of the account book, etc.);

庭 Prove the relevant evidence of family violence or facing the danger of domestic violence. According to the provisions of the judicial interpretation, the aforementioned relevant evidence includes:

1. The party's statement;

2. Family violence issued by the public security organs and the decision of administrative penalties;

3. Police records, interrogation transcripts, interrogation transcripts, police records, alarm receipt, etc.;

4. Repentors or guarantees issued by the respondent;

5. Recording audiovisual materials for domestic violence or solutions;

6. Telephone recording, text messages, instant messaging information, emails between the respondent and the applicant or the applicant or their close relatives;

7. Diagnosis and treatment records of medical institutions;

8. 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 organizations established in accordance with the law, the rescue management agency, the anti -domestic violence society Public welfare institutions and other units receive records of complaints, reflections or help;

9. Jereter children provide testimony to their age and intelligence, or other witnesses such as relatives and friends, neighbors, etc.

10. Injury appraisal opinion;

11. Other evidence that applicants can suffer from domestic violence or face the danger of family violence.

The validity period of the personal safety protection order:

The validity period of the personal safety protection order does not exceed six months, and it will take effect from the date of making. Before the personal safety protection order fails, the people's court may revoke, change or extend the applicant's application.

Legal liability for violation of personal safety protection order:

Constitute a crime, be held criminally responsible. According to the provisions of the judicial interpretation, the respondent's violation of the personal safety protection order is in line with Article 313 of the Criminal Law of the People's Republic of China, in order Criminal law shall be dealt with.

If a crime is not constituted, the people's court shall give a commandment that it can be fined less than 1,000 yuan according to the seriousness of the circumstances, and detention of less than fifteen days.

Anti -domestic violence is the common responsibility of the country, society and every family. In recent years, the two -level courts of Xi'an have performed their duties and actively actions, and the case of unblocking the case of personal safety protection order accepts the "green channel", promptly make personal safety protection orders in accordance with the law, and actively carry out publicity activities for the personal safety protection order system. The legitimate rights and interests of domestic violence victims provide protection.

Oppose home violence and refuse to silence in the darkness. If you have a riots around you, please do not become a "silent lamb", please call the police in time, report to the relevant units, ask for help and leave evidence, and bravely say "no" to domestic violence!

Source: Xi'an Intermediate People's Court Weiyang District Court of Yiyi District Court of Yanta District Court

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