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How to apply for a court injunction?
2. Applying to the court for an injunction usually requires a written application. ?
Article 100 of the Civil Procedure Law The people's court may, on the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts when the judgment may be difficult to execute or cause other damage to the parties. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. ?
When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. ?
After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately. ?
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Case:/kloc-A 0/0-year-old boy was repeatedly beaten by his father, and the court issued an injunction prohibiting his father from harassing and contacting him?
Amin (a pseudonym) and Gillian (a pseudonym), two men in Zhuhai, were introduced to get married in 2004 and gave birth to their son Xiaohua (a pseudonym). Amin never loves to work. In 20 15, Amin was sentenced to one year and three months in prison for committing a crime. After he was released from prison, his temperament changed greatly and he became very irritable. He still didn't go out to work, relying on Gillian to run a small business to support his family, and he didn't fulfill his father's responsibility, let alone Xiaohua. So husband and wife often quarrel at home.
On March 30th, April 30th, May 30th, May 30th, and May 2nd, 20 16, Amin repeatedly beat Obana Gillian, who was 10 years old, causing injuries to Xiaohua's limbs and buttocks to varying degrees, and his arms were bruised. Xiaohua's mother and son felt that they were in danger of domestic violence, so they applied to Xiangzhou court for personal safety protection, and submitted marriage certificate, birth medical certificate, community neighborhood Committee certificate, injury photos and other relevant evidence. ?
After examination, the court held that the application of Xiaohua's mother and son met the conditions for issuing personal safety protection orders stipulated in Article 27 of the Anti-Domestic Violence Law, and ruled that Amin was prohibited from beating and threatening Xiaohua and Gillian. Amin is prohibited from harassing, stalking and contacting Kobanawa Gillian. Amin never hit Obana Gillian again after the protection order was issued. ?
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law
Xiangzhou District People's Court-/kloc-A boy aged 0/0 was beaten by his father many times, and the court issued an injunction prohibiting his father from harassing and contacting him.
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