What should I do if I encounter a personal safety protection order for domestic violence?Supreme Law Answer Cover News

Cover news reporter Su Yu

On July 15th, the Supreme People's Court held a press conference to introduce the relevant situation of the "Regulations on the Application of Laws for the Application of Personal Safety Protection Cases". In response to the personal safety protection order, the court was rejected by the court due to insufficient evidence. Wang Dan, the second -level senior judge of the Supreme French, answered a question from the cover reporter that the "Regulations" clarified the certificate of personal safety protection order "greater possibilities" That's how to achieve "high possibilities", thereby reducing the difficulty of the applicant's proof.

Wang Dan, a second -level senior judge of the Supreme French People's First Court.

Wang Dan said that the main reason for the application of the personal safety protection order is insufficient evidence, which greatly restricts the effective play of the personal safety protection order. Article 20 of the Anti -Family Violence Law stipulates that the people's court's trial of cases involving domestic violence may determine the facts of domestic violence in accordance with evidence such as police records, warnings, and injuries appraisal of the public security organs. However, the above evidence is not easy to obtain, and a considerable part of the applicants have not been supported because they cannot provide the above evidence.

For this reason, on the basis of in -depth investigation, according to the characteristics of domestic violence, summarize the experience of trial practice, and list ten forms of evidence. The more common statements such as both parties, regrets or guarantees issued by the respondent, and the two parties. Telephone recording, text messages, diagnosis and treatment records of medical institutions, and women's federations have received records of reflection or help. When the victim of domestic violence is suffering from domestic violence or facing the danger of domestic violence, it can consciously retain and collect the above evidence, and submit it to the people's courts from time to time.

Wang Dan also said that the "Regulations" for the standard of proof also clearly stated that the standard for the case of personal safety protection order is "more likely". Essence At the same time, the "Regulations" further reiterated the provisions of the people's court's investigation and evidence collection in accordance with their duties.

"These regulations have improved the evidence and rules system of the case of personal safety protection order, further eliminating the difficulty of proof of domestic violence victims, and providing a stronger and stronger institutional support for protecting the legitimate rights and interests of the victims of domestic violence. The life of dignity. "Wang Dan said.

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