I. Case: 2065438+On June 26th, 2007, Mr. Yuan and Ms. Cao in Rong County, Zigong City agreed to divorce because of their disagreement. When I first got divorced, my daughter lived with Ms. Cao. A month later, after consultation, the two sides handed over their daughter to Mr. Yuan for support. In the process of Mr. Yuan's raising his daughter, Ms. Cao repeatedly found that the other party had abused her daughter, so the contradictions between the two sides continued. At 9 o'clock in the evening of June 5438+February 65438+April 2020, my daughter was beaten by her father again, and her body was bruised and bruised. After learning that her daughter was beaten, Ms. Cao reported the police to the local public security organ. In order to prevent her daughter from being hurt again, Ms. Cao applied to the local court for a "personal safety protection order" on February 22, 2020.
Rong County Court accepted the case and issued the Personal Safety Protection Order on the same day: Yuan was forbidden to commit domestic violence against Yuan Moumou and his close relatives; It is forbidden for Yuan to track and contact Yuan Moumou and his close relatives.
Second, how to apply for a "personal safety protection order"? In the face of these domestic violence, victims can choose to call the police, but only after the relief; Looking for grassroots organizations and women's federations to mediate, it lacks a certain deterrent and is easy to repeat. Today, according to the law, "four brothers have the law" gives you advice-apply to the court for a "habeas corpus".
Article 23 of the Anti-Domestic Violence Law If a party applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it. If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf.
1. Who can apply for the Personal Safety Protection Order?
Victims who are suffering from domestic violence or are at risk of domestic violence can apply. If the victim himself cannot apply, the victim's close relatives or other relevant organizations shall apply on his behalf. Relevant organizations and state organs include the victim's unit, village committee or subdistrict office, women's federation, etc. In the personal safety protection order cases accepted by the court, the respondents are mostly husbands or ex-husbands, and some of them are other family members, including in-laws, parents-in-law, daughter-in-law, son-in-law, etc. Whether they live together or not, they are all recognized as family members in judicial practice.
2. Who should I apply for the Personal Safety Protection Order?
The victim can apply to the local court, that is, the people's court of the habitual residence, the habitual residence of the perpetrator or the place where domestic violence occurs will accept it. The application for personal safety protection order shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it.
3. What are the requirements for applying for a personal safety protection order?
(1) Having a clear respondent; (2) Having specific requirements; (3) Having suffered from domestic violence or facing the real danger of domestic violence.
4. What evidence do I need to collect to apply for personal safety protection order?
When applying for habeas corpus, the applicant often submits unilateral evidence such as injured photos and chat records to prove it. However, the lack of records of police stations, community neighborhood committees and other relevant departments is often not enough to prove that they are suffering from domestic violence or facing real danger of domestic violence. Therefore, when applying to the court for a personal safety protection order, the parties concerned should try their best to provide the domestic violence records of relevant departments, such as the mediation records of neighborhood committees and the police records of police stations. If it is really impossible to obtain it, it should be explained to the judge in time and apply to the court for relevant evidence.
5. What measures does the personal safety protection order take against the respondent?
Article 29 of the Anti-Domestic Violence Law stipulates that the personal safety protection order may include the following measures: (1) prohibiting the respondent from committing domestic violence; (2) Prohibiting the respondent from harassing, stalking or contacting the applicant and his related close relatives; (3) Ordering the respondent to move out of the applicant's residence; (4) Other measures to protect the personal safety of the applicant.
6. How long is the "Personal Safety Protection Order" valid?
Article 30 of the Anti-Domestic Violence Law stipulates that the validity period of the personal safety protection order shall not exceed six months, and it shall take effect from the date it is made. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application.
7. How to implement the personal safety protection order?
Article 32 of the Anti-Domestic Violence Law stipulates that after the people's court makes a personal safety protection order, it shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. Personal safety protection orders shall be executed by the people's courts, with the assistance of public security organs, residents' committees and villagers' committees.
Conclusion:
In case of domestic violence, no matter which way you protect yourself, the key is that the victims can shout out and dare to stand up and defend their rights. If we tolerate blindly, it will only make the perpetrators more fearless. I'm afraid it will not only hurt both parties to the marriage, but also affect the healthy growth of children's body and mind. Children who grow up in families with serious domestic violence are prone to form bad characters such as inferiority, cowardice and stubbornness.