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If a husband commits domestic violence, how should the wife take up the legal weapon to protect herself?

author:Longge Legal Knowledge Small Class

In daily life, due to emotional discord between husband and wife, there are many cases of verbal altercation, and the wife is subjected to domestic violence. If a husband commits domestic violence, how should the wife take up the legal weapon to protect herself?

The Anti-Domestic Violence Law of the People's Republic of China was formulated to prevent and stop domestic violence, protect the legitimate rights and interests of family members, especially women, maintain equal, harmonious and civilized family relations, and promote family harmony and social stability. Its introduction highlights the core values of socialism. Acts such as "physical and mental abuses committed by husbands against women by means of beatings, bindings, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation" are domestic violence.

If the wife is abused, she may apply to the people's court for a personal safety protection order. The system of personal safety protection orders stipulates that when a woman encounters domestic violence, the people's court may issue a personal safety protection order on the basis of her application. If the perpetrator violates the law, he shall bear the corresponding civil, administrative and even criminal legal responsibility. At the same time, when women encounter domestic violence, they should call the police on 110 in time to retain relevant evidence.

If a husband commits domestic violence, how should the wife take up the legal weapon to protect herself?

Anti-Domestic Violence Law of the People's Republic of China

Article 27: The following conditions shall be met for making a personal safety protection order: (1) there is a clear respondent; (2) there is a specific request; (3) there is a situation where domestic violence has been suffered or is facing a real danger of domestic violence.

Article 28: After people's courts accept an application, they shall make a personal safety protection order or reject the application within 72 hours; where the situation is urgent, it shall be made within 24 hours.

Article 29: Personal safety protection orders may include the following measures: (1) Prohibit the respondent from committing domestic violence; (2) Prohibit the respondent from harassing, stalking, or contacting the applicant and his or her relevant close relatives; (3) order the respondent to move out of the applicant's residence; (4) other measures to protect the applicant's personal safety.

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