Frozen hunger, insult, slander, threat, tracking, harassment ... all belong to domestic violence

The Supreme People's Court held a press conference today (15th) to release the "Provisions on the Application of Laws for the Application of Laws for Personal Security Protection Cases", and strive to clear up various obstacles in the acceptance and procedure of domestic violence cases, highlighting the right right right right right The timeliness of the protection of the rights and interests of domestic violence, clarify the rules of the referee, and maximize the legal rights and interests of domestic violence victims.

The judicial interpretation will be implemented from August 1.

The Supreme Law enumerates the form of domestic violence evidence

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, in practice, most parties cannot provide the above evidence, causing their applications to be rejected due to insufficient evidence, which limits the role of personal safety protection order.

According to the characteristics of domestic violence, judicial interpretation summarizes practical experience, enumerate several forms of evidence, clearly guide trial practice, and provide clear behavioral guidance for home violence victims and collect evidence:

(1) The statement of the parties;

(2) Family violence and administrative penalties issued by the public security organs;

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

(4) Regret or guarantee issued by the applicant's applicant;

(5) Record audiovisual information of domestic violence or solution process;

(6) Telephone recording, SMS, instant messaging information, emails between the respondent and 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 organization, rescue management agency, anti -domestic violence established in accordance with the law, the rescue management agency, anti -domestic violence Social welfare institutions and other units receive records of complaints, reflections or help;

(9) Jereal children provided by testimony of their age and intelligence, or other witnesses such as relatives, friends, neighbors, etc.

(10) Injury appraisal opinion;

(11) Other evidence that the applicant can prove that the applicant suffers from domestic violence or faces the danger of family violence.

Frozen hunger and frequent insults are domestic violence

The Anti -Family Violence Law stipulates: "Family violence referred to in this law refers to physical and spiritual violations such as beating, binding, harming, restricting personal freedom, and regular abuse, and intimidation between family members." List the common form of domestic violence.

But in practice, in addition to the above -mentioned forms, there are other behaviors that can be classified as the category of domestic violence, which need to be clear.

The judicial interpretation has enlisted the type of domestic violence, and it is clear that frozen hunger and regular insults, defamation, threats, tracking, harassment, etc. are all domestic violence.

So as to further clarify the scope of the personal safety protection order, and to ensure that family members exempt from various forms of family violence.

The application protection order does not follow the lawsuit of divorce and other lawsuits.

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.

The provision clarified that the personal safety protection order to the people's court does not need to file a divorce lawsuit or other lawsuits first, nor does it need to file lawsuits such as divorce within a certain period of time after the applicant's personal safety protection order.

From the perspective of procedure law, the application, review, and implementation of the personal safety protection order are highly independent, and can exist independently without relying on other lawsuits.

This is in line with the basic characteristics and institutional purposes of personal safety protection to stop domestic violence in a timely manner.

Elderly, disability, and serious illness can be applied for a protection order by relevant departments on behalf of

In order to maximize the protection of such special difficulties, groups of special difficulties can obtain the relief of the personal safety protection order system in accordance with the law. On the basis of the "Anti -Family Violence Law", the judicial explanation has been appropriately expanded by the application. The situation of severe illness can be applied on behalf of the relevant departments on the premise of respecting the wishes of the parties.

At the same time, in combination with trial practice, according to the content of the responsibilities of relevant departments, for the main body of the application, the civil affairs department, the disabled federation, and the elderly organizations established in accordance with the law to fully mobilize the power of the whole society and further weave the dense pairs. The protection network of this type of personnel jointly protects its personal health and life safety.

Source: CCTV

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