The adult son deliberately destroyed the electrical appliances of life at home, and the elderly mother, who could not bear the mental violence, applied to the court for a personal safety protection order. Recently, the Meilong Court of the Minhang District People's Court of Shanghai accepted such a case and issued the first personal safety protection order of the year. The reporter learned that from the filing of the case to the issuance of the ruling and the issuance of the personal safety protection order in accordance with the law, the trial of the case took less than 65 hours.
On January 4 this year, the first working day after New Year's Day, the Case Filing Division of the Minhang Court in Shanghai accepted a special application. After some understanding, it turned out that Aunt Luo could not stand her son's mental violence and wanted to apply for a personal safety protection order, so she asked the court for help.
In aunt Luo's mouth, the son Xu Mou was angry because he felt that his parents' property distribution was unfair, and in order to vent his anger, he beat up the old mother, and also smashed the doors and windows of the bedroom in the house where his mother lived, gas stoves and other facilities and equipment, and also cut the power cords of the washing machine, water heater, hot water kettle and other electrical appliances in the home. Aunt Luo was very distressed and could only sue the court.
In order to fully understand the situation, Judge Shen Huichuan, who undertook the case, came to Aunt Luo's home the next day to carry out on-site investigation, filmed the scene footage, fixed relevant evidence, and visited the village committee to understand the relevant situation. In order to ensure that a ruling can be made as soon as possible, Judge Shen also served xu with the litigation materials of the case in person and summoned Xu to the court for a hearing the next day.
On January 6, on the basis of the preliminary investigation, Judge Shen organized Aunt Luo and Xu to hold a hearing and fully listened to the opinions of both sides.
Aunt Luo said that her mother-son relationship with Xu had been living independently, and in early January 2020, Xu moved into his residence, after which the two sides have been arguing continuously, Xu has spoken ill of each other, and even repeatedly beat him up. Since November 2021, Xu has smashed doors, windows and household supplies many times, the bathroom, kitchen, bedroom windows have all been smashed, and the pipelines such as gas stoves, washing machines, and water heaters have all been cut off, making it impossible to live normally. Because he lives in fear every day, his spirit is tortured.
Xu argued that smashing the doors and windows was suspected of being stolen from the home, so the broken doors and windows wanted to understand the situation, and did not admit to beating the mother, nor did he admit to destroying other daily necessities.
Based on the evidence provided by the applicant Aunt Luo and the on-site investigation, the Shanghai Minhang Court held that in this case, Xu deliberately destroyed the daily necessities and household electrical appliances of Luo's residence, which was an act of violence, which not only violated public order and good customs, but also caused Aunt Luo to be unable to live normally, her heart could not be at peace, and her spirit was oppressed, which was enough to determine that the applicant, Aunt Luo, was suffering from domestic violence and the real danger of domestic violence, so it issued a personal safety protection order.
On January 7, the Shanghai Minhang Court ruled in accordance with the law as follows: the respondent Xu was prohibited from committing domestic violence against the applicant Luo; the respondent Xu was prohibited from contacting Luo; the respondent Xu was prohibited from smashing and destroying the residence of the applicant Luo; and Xu was ordered to move out of the residence of the applicant Luo within 5 days from the date of this ruling.
The Shanghai Minhang Court served a personal safety protection order on both sides on the same day, and also served the personal safety protection order to the local public security organs and village committees.
It is reported that after xu received the personal safety protection order, he had moved away from Luo's residence within the court's time limit.
Judge's Statement
Domestic violence refers to physical, mental, or other violations committed between family members by means of beatings, binding, maiming, restriction of personal freedom, and frequent verbal abuse and intimidation.
In this case, Xu's violent act of deliberately destroying his mother's living environment was contrary to public order and good customs, which not only worsened Luo's normal living conditions, but also caused mental oppression to Luo, which is a kind of mental violence and also meets the conditions for applying for a personal safety protection order.
In the face of "domestic violence", the law has established a "separation wall" between the perpetrator and the victim by setting up a personal safety protection order. I hope that every family member will respect each other, love and understand each other, so that home can become a real warm harbor and escort our happy life.
Author | Ji Zhang Ying Shen will Chuan Chen LinQing
Source: Shanghai Rule of Law Daily