It is human nature that every parent has good expectations for their children, hoping that they can become excellent talents in the future. However, such expectations should in no way be used as an excuse or justification for domestic violence. The family should be a haven of warmth and harmony, not a source of violence and harm. Parents' expectations of their children should be based on understanding, respect and affection, rather than violence or pressure to achieve so-called "expectations".
Liu Xiaojing is 16 years old this year, living with her father Liu Dacheng after her parents divorced, and in 2022, she was admitted to a non-985 college for the first time in the college entrance examination. Liu Dacheng was not satisfied, arranged for Liu Xiaojing to repeat his studies, asked that he must be admitted to 985 universities, and began to teach Liu Xiaojing knowledge at home in the summer of 2022. After the start of school, Liu Dacheng has not allowed Liu Xiaojing to go to school. In the second half of 2022, Liu Xiaojing's grandmother found that Liu Dacheng cut Liu Xiaojing's hair out of order, did not let her eat enough, let her take a cold shower in winter, and could not communicate with the outside world (including grandma), and threatened her not to give her household registration book if she was disobedient, and not to assist in registering for the college entrance examination. At this time, can Liu Xiaojing apply to the people's court for a personal safety protection order?
The answer is yes. According to article 23 of the "Anti-Domestic Violence Law of the People's Republic of China", where a party applies to a people's court for a personal safety protection order because he has suffered domestic violence or faces a real danger of domestic violence, the people's court shall accept it.
After Liu Xiaojing's grandmother communicated with her father repeatedly to no avail, she approached the local women's federation for help. The Women's Federation, together with the People's Court, the Public Security, the Community, and the Education Bureau, immediately carried out their work and rushed to the scene to investigate and collect evidence. Liu Xiaojing applied to the people's court for a personal safety protection order. After review, the court found that the applicant, Liu Xiaojing, had suffered domestic violence or faced a real risk of domestic violence, and that her application met the statutory requirements for a personal safety protection order. Within six hours of receiving the application, the people's court issued a personal safety protection order, ruling that: 1. The respondent Liu Dacheng was prohibited from committing domestic violence against the applicant Liu Xiaojing;2. Prohibit the respondent Liu Dacheng from restricting the personal freedom of the applicant Liu Xiaojing and abusing the applicant;3. The respondent Liu Dacheng is prohibited from depriving the applicant Liu Xiaojing of her right to receive education.
So, what are the statutory requirements that should be met when applying for a personal safety protection order?
According to article 27 of the "Anti-Domestic Violence Law of the People's Republic of China", the following conditions shall be met for a personal safety protection order to be issued: (1) there is a clear respondent;(2) There is a specific request;(3) Circumstances where they have suffered domestic violence or face a real risk of domestic violence.
That is, the victim must provide the court with clear information about the aggressor, the specific request, and the circumstances or threats of the victim. If the victim is unable to apply on his or her own due to objective circumstances, the victim's close relatives or other relevant organizations may also apply on their behalf, and the relevant organizations may be the victim's unit, neighborhood committee or village committee, women's federation organization, public security organs, procuratorates, and so forth.
Minor children are independent individuals who enjoy fundamental civil rights, including the right to education. Parents have the duty to raise, educate and protect their minor children. When handling matters involving minors, the principle of the best interests of minors shall be adhered to, respecting the personal dignity of minors, adapting to the laws and characteristics of minors' physical and mental health development, and respecting minors' right to education. The use of domestic violence is not only physical harm to the individual, but also damage to family relationships and affection. It undermines people's trust and dependence on the family, and also distorts the emotional perception of children towards their parents.