How to apply for a protection order from Hanting Women's Federation?

China's first anti-domestic violence law, People's Republic of China (PRC) Anti-domestic Violence Law, came into effect in March 1, and the personal safety protection order system was established for the first time. 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. The people's court shall make a ruling within 72 hours, and in an emergency, it shall make a ruling within 24 hours. The scope of protection of personal safety protection order may include the applicant and his related close relatives.

1. Who should I apply for habeas corpus?

The application for personal safety protection measures shall be accepted by the people's court of the victim's habitual residence, the offender's habitual residence or the place where domestic violence occurs. Where two or more people's courts at the same level have jurisdiction, the people's court that initially accepted the case shall have jurisdiction.

2. When can I apply for personal safety protection measures?

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. The applicant shall file an application with the basic people's court where the applicant or the respondent lives, and the application content shall include a clear respondent, a specific request and a statement that the party concerned is suffering from domestic violence or facing the real danger of domestic violence.

3. What are the requirements for applying for habeas corpus?

(1) Having a clear respondent;

(2) Having specific requirements;

(3) Having suffered from domestic violence or facing the real danger of domestic violence.

If the victim is unable to apply on his own due to objective reasons, the victim's close relatives or other relevant organizations shall apply on his behalf. Relevant organizations and state organs include the victim's unit, neighborhood committees, shelters, women's federations, public security organs or procuratorial organs.

4. What evidence do I need to collect to apply for habeas corpus?

The evidence for applying for personal safety protection measures can be injury photos, alarm certificates, witness testimony, relevant records or certificates of social institutions, letters of guarantee from the perpetrator, threatening mobile phone messages from the perpetrator, etc.

The ruling of personal safety protection measures does not need to pay any fees.

5. What measures does the personal safety protection order have for the respondent?

Article 29 of the Anti-Domestic Violence Law stipulates that personal safety protection orders may include the following measures:

(1) It is forbidden for the investigated person to commit 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.

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6. How long is the personal safety protection order valid? How to implement it?

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.

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.