Supreme law issues personal safety protection order judicial interpretation to better protect victims of domestic violence

2022-07-16

On the 15th, the Supreme People's Court issued provisions on Several Issues concerning the application of law in handling personal safety protection order cases, giving play to the preventive function of personal safety protection orders and further removing various obstacles in the procedures of such cases. The judicial interpretation shall enter into force as of August 1, 2022. Personal safety protection order is an important system created by the anti domestic violence law. According to the supreme law, since the implementation of the anti domestic violence law six years ago, as of December 31, 2021, 10917 personal safety protection orders have been issued by courts across the country, effectively preventing and stopping the occurrence or recurrence of domestic violence, and protecting the personal safety and dignity of victims of domestic violence in accordance with the law. At the same time, there are also some obstacles in the making and implementation of personal safety orders. In this regard, the judicial interpretation issued by the supreme law this time stipulates that applying for a personal safety order to the people's court is not conditional on filing a civil lawsuit such as divorce, and there is no need to file a divorce lawsuit or other lawsuit first, nor is there a need to file a lawsuit such as divorce within a certain period of time after the applicant's personal safety order. At the same time, the judicial interpretation further clarified the forms of domestic violence and expanded the scope of application of personal safety protection orders. It is clear that hunger and freezing, as well as frequent insults, slanders, threats, tracking, harassment, etc., belong to domestic violence, and further clarify the scope of application of personal safety protection orders to protect family members from various forms of domestic violence. For the acts violating the personal safety protection order, the judicial interpretation increased the punishment, and clearly stipulated that if the respondent violates the personal safety protection order and complies with the relevant provisions of the criminal law, he will be convicted and punished for refusing to execute the judgment or ruling. On the basis of the anti domestic violence law, the judicial interpretation appropriately expanded the situation of the personal safety protection order on behalf of the applicant, and made it clear that "old age, disability, serious illness" and other situations can be applied for by the relevant departments on behalf of the parties on the premise of respecting the wishes of the parties. In addition, the judicial interpretation also reduces the burden of proof on the parties and makes it clear that the standard of proof for the issuance of personal safety protection orders is "greater possibility" rather than "high possibility". (reporter Luo Sha, Qi Qi) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:xinhuaNet

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