Recently, a man in Pizhou, Jiangsu Province, was sentenced to 3 days of detention for violating the "Personal Safety Protection Order" issued by the court.
Zhang and Li were originally husband and wife, but due to the breakdown of their relationship, the two parties went through the divorce registration at the Civil Affairs Bureau through negotiation. After the divorce, Li went to Zhang's residence many times to make noise, insult and even beat Zhang, which seriously affected the normal life of Zhang and his children. Zhang called the police several times, and after the public security organs dealt with it in accordance with the law, Li still did not repent and continued to harass and intimidate him. In January 2024, Zhang, who could not be disturbed, applied to the Pizhou Court for a personal safety protection order.
After review, the court ruled on the same day to issue a personal safety protection order, prohibiting Li from beating, threatening, contacting, harassing, and following Zhang and his close relatives. The court served the ruling on both parties, and the personal safety protection order ruling and the notice of assistance in enforcement to the local police station, women's federation, villagers' committee, and residents' committee of both parties.
However, only one month after receiving the personal safety protection order, Li ignored the injunction and went to Zhang's residential community again and had a conflict with him. Li's behavior violated the personal safety protection order, and after the judge received Zhang and the police from the police station in the jurisdiction, he immediately went to the police station to admonish Li, and made a punishment decision to detain Li for 3 days in accordance with the law in light of the circumstances of the case.
According to the judge, a personal safety protection order is a legal remedy to protect victims of domestic violence. Article 34 of the Anti-Domestic Violence Law stipulates that if the respondent violates the personal safety protection order and constitutes a crime, criminal liability shall be investigated in accordance with the law; where a crime is not constituted, the people's court shall give a reprimand, and may impose a fine of up to 1,000 RMB and detention for up to 15 days based on the severity of the circumstances. Article 27 stipulates that acts of violence committed between persons living together other than members of the family shall be carried out in accordance with the provisions of this Law. Article 12 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Handling of Personal Safety Protection Order Cases" provides that if the respondent violates the personal safety protection order and meets the requirements of article 313 of the Criminal Law, it shall be convicted and punished as "the crime of refusing to enforce a judgment or ruling"; Where other crimes are constituted at the same time, it is to be handled in accordance with the relevant provisions of the Criminal Law. Therefore, the personal safety protection order is an effective legal document of the court, and the relevant parties must perform it, otherwise, they will be subject to judicial punishment and criminal responsibility.
Correspondent: Shen Gaoxuan, Yangtze Evening News, Purple Cow News reporter, Wan Chengyuan.
Proofreading Tao Shangong.