Husband and wife fights are just a family matter?No, you may also receive a personal protection order from the court.
Case review. 
The applicant Zhang (female) and the respondent Chen (male) are husband and wife. On November 12, 2023, the two parties had a verbal dispute over trivial family matters, and then the two parties scuffled together, Zhang was injured, and was diagnosed by the hospital with multiple injuries on his body and swelling of the soft tissues at the top of the left top of his head. Zhang then applied for a personal safety protection order to the family trial team of the case filing court.
Heard by the courts. After receiving the application, the presiding judge Ye Yonghao immediately reviewed the evidence submitted by the applicant Zhang, such as the police handling process and the hospital medical records, and the judge's assistant Peng Ni questioned both parties to investigate and understand the occurrence of the incident. After review, the presiding judge found that the applicant Zhang was facing a real danger of domestic violence, so he issued a personal safety protection order to both parties.
Post-judgment Q&A. We are a husband and wife, why should we issue a personal safety protection order against me?Will this order affect my children?"The respondent Chen came to the court and raised questions after receiving the personal safety protection order.
The personal safety protection order system was established to prevent and curb domestic violence, and the issuance of a personal safety protection order to you does not necessarily constitute domestic violence, just like a yellow card warning. However, if the personal safety protection order is violated, it may bear legal responsibility," explained Penny, the judge's assistant, to the respondent Chen.
In order to give Chen a more intuitive understanding of the personal safety protection order, the judge's assistant Penny explained the background and significance of the promulgation of the Anti-Domestic Violence Law to Chen in the theme area of the family trial, and informed Chen of the legal consequences of the personal safety protection order in combination with the typical cases of our court. Chen said that it was because Zhang often abused him that he couldn't help but do something to Zhang, and Zhang also fought back.
Family conflicts are inevitable, but husbands and wives should actively communicate and discuss rationally when dealing with family conflicts, and should not resort to force. If your wife, along with her family, assaults you, you can also apply to the court for a personal protection order." After some persuasion, Chen said that he would not take an example, and he would be more restrained in dealing with family disputes in the future.
The family trial team of the case filing court continues to thoroughly implement the spirit of the important exposition of the general secretary on paying attention to family education and family style, give full play to the trial function, skillfully resolve family conflicts, prevent and curb domestic violence to the greatest extent, promote family virtues, maintain equal, harmonious and civilized family relations, and jointly build a safe Jiangxia.
Legal Tips:
November 25 is established by the United Nations as the "International Day against Domestic Violence". On March 1, 2016, China's Anti-Domestic Violence Law came into effect. Article 1042 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, clearly stipulates: "Domestic violence is prohibited. Abuse and abandonment between family members are prohibited". Opposing domestic violence and safeguarding the legitimate rights and interests of family members is the common responsibility of the state, society and every family.
What is Domestic Violence?
Domestic violence refers to physical, mental and other violations committed by family members by means of beating, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation.
What are the requirements for applying for a personal safety protection order?
a) There is a clear respondent;
b) there is a specific request;
3) Having suffered domestic violence or facing a real risk of domestic violence.
How to apply for a personal safety protection order?
Apply to the basic level people's court for the place of residence of the applicant or respondent or the place where the domestic violence occurred.
What are the personal safety protection order measures?
1) Prohibiting the subject of the application from committing domestic violence;
2) Prohibiting the respondent from harassing, stalking, or contacting the applicant and their close relatives;
3) Order the respondent to move out of the applicant's residence;
4) Other measures to protect the applicant's personal safety.
How long is a personal safety protection order valid for?
Personal safety protection orders are effective for no more than six months and take effect from the date they are made. Before a personal safety protection order becomes invalid, the people's court may revoke it, modify it, or extend it on the basis of the applicant's application.
Family is a warm home, but also a harbor of the soul. On the occasion of the International Anti-Domestic Violence Day, let's fight against domestic violence and build a harmonious family together!
*: Wuhan Municipal Bureau of Justice