Domestic Violence Protection Orders Under Chinese Law
Domestic violence is a serious legal issue in China, governed by the Domestic Violence Law of 2016. This law provides comprehensive protection for victims, including protection orders, temporary shelter, and legal aid. Foreign nationals residing in China are equally protected under this law.
A protection order (人身安全保护令) can be applied for by the victim or, in certain circumstances, by a representative. The court must issue or deny the order within 72 hours of application, or within 24 hours in emergency situations. Protection orders can prohibit the abuser from contacting the victim, approaching the victim's residence or workplace, and can require the abuser to vacate the shared residence.
Evidence of domestic violence is crucial for obtaining a protection order. This can include medical records, police reports, photographs of injuries, audio or video recordings, and witness statements. Chinese courts have become increasingly receptive to granting protection orders when credible evidence is presented.
Foreign victims of domestic violence in China should contact the local Public Security Bureau immediately. The police are required to intervene, stop the violence, and assist with medical treatment and shelter applications. Bilingual legal assistance is available through the China Women's Federation and various international organizations.
Domestic violence protection in China was significantly strengthened by the Anti-Domestic Violence Law, which came into effect on March 1, 2016. The law defines domestic violence broadly to include physical, psychological, and sexual abuse between family members, as well as between cohabiting partners. Under the law, victims may apply to the People's Court for a personal safety protection order, which can prohibit the abuser from further violence, harassment, or contact, and may order the abuser to move out of the shared residence. The court must rule on the application within 72 hours, or within 24 hours in emergency cases.
The protection order can last up to six months and may be extended upon application. Violation of a protection order constitutes contempt of court and may result in fines, detention, or criminal liability. The law also requires that public security organs, women's federations, civil affairs departments, and other government agencies coordinate to provide protection and support to victims. Foreign nationals in China who are victims of domestic violence are entitled to the same protections under the law. Shelters and hotlines are available, and victims should not hesitate to call 110 for immediate police assistance. Evidence such as medical records, photographs of injuries, police reports, and witness statements should be preserved for legal proceedings.
Key Words: Divorce and Family, Domestic Violence
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