1. Basic information of the case:
In October 1999, Xiong Da and Cuihua registered their marriage, and the two parties had a child after marriage. Since 2005, Xiong Da has been beating, threatening, and intimidating Cuihua for a long time. In order to be able to live and work normally, Cuihua filed for divorce from the people's court and applied for a personal safety protection order in accordance with the relevant provisions of the Anti-Domestic Violence Law of the People's Republic of China.
2. Lawyer's statement:
First, 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.
Second, the applicant in this case, Cuihua, has suffered domestic violence for a long time, and submitted evidence such as a letter of guarantee written by Xiong Da to beat Cuihua, the ** who burned Cuihua's clothes, and Cuihua's application to obtain the police records of the police station, which can prove that Cuihua has suffered domestic violence or faces a real danger of domestic violence.
Third, in accordance with Articles 26, 27, 28 and 29 of the Anti-Domestic Violence Law of the People's Republic of China, the people's court made a personal safety protection order, one is to prohibit Xiong Da from committing domestic violence against Cuihua, and the other is to prohibit Xiong Da from harassing, stalking, and interfering with Cuihua's work and life.
3. Lawyer's Advice:
First, the parties or legally-prescribed entities shall submit an application to the people's court in accordance with law for the procedures for applying for a personal safety protection order. Legally-prescribed entities include close relatives, public security organs, women's federations, neighborhood committees, village committees, and so forth.
Second, the prerequisite for applying for a personal safety protection order is "suffering from domestic violence by a family member or person living with a cohabitant or facing a real risk of domestic violence." This includes both physical and psychological violence.
Third, after the people's court accepts the application, it shall issue a personal safety protection order or reject the application within 72 hours; If the situation is urgent, it shall be made within 24 hours. 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.
Fourth, when the people's court decides to issue a personal safety protection order, it will comprehensively consider a number of factors: first, the burden of proof is borne by the victim, and the court may take the initiative to collect it when necessary; Second, the determination of the risk of domestic violence can be judged through the **, audio recordings, witness testimony, medical diagnosis and physical injuries provided by the victim; Third, to determine the risk of domestic violence, it is necessary to comprehensively weigh the other party's behavior, speech, and history of domestic violence.
Fifth, domestic violence is an evil of human nature and a social evil. The purpose of the personal safety protection order is to curb domestic violence, protect vulnerable groups, and provide a "protective wall" for victims.
There are only zero and countless times of domestic violence, if you unfortunately encounter domestic violence, keep the relevant evidence, apply to the court for a personal safety protection order, protect your personal safety, and punish the perpetrator with the lawBe brave enough to say "no" to domestic violence.
Disclaimer: This article only represents the author's point of view, and is not regarded as a formal legal opinion or suggestion issued by the author's institution or its institution, and has no legal effect, and is only for the reference of relevant organizations and individuals. For ** or citations, please cite the source. (*All on the Internet).