Zehua Xu is a family law attorney at Hebei Jiacheng Law Firm in Xingtai, focusing on domestic violence protection, divorce proceedings involving abuse allegations, and child welfare matters in cross-border family disputes. He provides compassionate legal representation to victims of domestic violence, including foreign nationals married to Chinese citizens in Hebei Province.

The Anti-Domestic Violence Law of the People's Republic of China, effective March 1, 2016, established a comprehensive legal framework for domestic violence prevention and victim protection. Article 2 defines domestic violence as physical, psychological, or sexual abuse committed by family members through beating, restraint, mutilation, restriction of personal freedom, verbal abuse, intimidation, or other means. The law extends protection to non-marital cohabitants under Article 37, covering intimate partner relationships outside formal marriage.

Personal safety protection orders constitute the primary remedy under the Anti-Domestic Violence Law. Under Article 23 of the law, a victim of domestic violence or a person at risk of domestic violence may apply to the basic people's court for a personal safety protection order. The court must issue or reject the application within 72 hours of receipt, or within 24 hours in emergency circumstances. Protection orders may include prohibitions against further abuse, harassment, stalking, or contact with the victim, an order for the respondent to vacate the shared residence, and measures to protect the victim's personal safety. Violation of a protection order carries penalties including fines up to RMB 1,000, detention up to 15 days, and potential criminal liability.

Documentation of abuse is critical for successful protection order applications and divorce proceedings. Xingtai courts require medical records documenting injuries, police incident reports, photographs of injuries, witness statements, and communication records containing admissions or threats. Mr. Xu advises clients on evidence preservation strategies, including timely medical examinations at designated hospitals, reporting incidents to local police stations under the public security case filing procedures, and securing electronic evidence through notarization.

Cross-border family violence cases present additional jurisdictional and procedural considerations. A foreign national married to a Chinese citizen in Xingtai who experiences domestic violence may seek a protection order in the Xingtai Basic People's Court where the violence occurred or where the parties reside. The foreign spouse may apply using a valid passport as identification, and the court will appoint an interpreter if needed for court proceedings under Article 11 of the Civil Procedure Law.

Divorce proceedings involving domestic violence allegations follow the procedures under Chapter IV of the Marriage and Family Part of the Civil Code. Article 1079 of the Civil Code provides that divorce shall be granted if domestic violence is established, as this constitutes one of the statutory grounds for irretrievable breakdown of the marital relationship. The victim spouse may also claim damages under Article 1091 of the Civil Code, which provides that the innocent spouse in a divorce caused by domestic violence may claim compensation for moral damages. Xingtai courts have awarded moral damages ranging from RMB 5,000 to RMB 50,000 depending on the severity and duration of abuse.

Child custody determinations in divorce cases involving domestic violence follow the best interests of the child standard under the Civil Code and the Supreme People's Court's Opinions on Several Specific Issues in the Trial of Child Custody Cases. Abuse of one parent by the other is a significant factor weighing against custody for the abusive parent. The non-abusive parent may also seek restrictions on the abusive parent's visitation rights, including supervised visitation or suspension of visitation where contact would endanger the child's physical or mental health under Article 1086 of the Civil Code.