The "Seven Year Itch" was domestic violence The woman applied for a protection order

The "Seven Year Itch" was domestic violence The woman applied for a protection order

Morning News (reporter Wu Shuibao correspondent You Yanling) Yan and Xu married "seven years of itch", Yan can not bear domestic violence, withdraw the divorce proceedings when the applicant's personal safety protection order. Yesterday, the reporter learned from the Jinjiang court that the Anhai court of the court recently issued the court's first personal safety protection order to effectively protect Yan's legitimate rights and interests.

In August 2014, Yan Mou (female, born in 1993) and Xu Mou (male, born in 1992) married. In June this year, because Xu committed domestic violence such as beating, intimidation, and restriction of personal freedom, resulting in multiple injuries to Yan's body, Yan filed a divorce lawsuit.

On August 31, the Anhai court organized pre-trial mediation in accordance with the law, and Yan expressed his willingness to give both parties time to think calmly again, hoping to save the family that was about to be broken, so he applied to withdraw the divorce proceedings. At the same time, Yan submitted an application for a personal safety protection order, hoping not to be harassed by Xu during the cooling-off period.

On September 17, after review, the court held that although Yan withdrew the divorce proceedings, there was still a real danger of domestic violence committed by Xu, and Yan's application met the statutory conditions for a personal safety protection order. According to the Anti-Domestic Violence Law of the People's Republic of China, the Jinjiang court ruled in accordance with law: Xu is prohibited from beating, threatening, abusing yan and other domestic violence; it is forbidden for Xu to harass, threaten, and control Yan; and Xu is prohibited from obstructing and influencing Yan's work.

In addition, the Anhai court clearly explained the relevant legal provisions to Xu, warning Xu not to violate his statutory obligations, and if he violated the personal safety protection order, which constituted a crime, he would be investigated for criminal responsibility according to law; if it did not constitute a crime, the court would give a reprimand, or impose a fine, detention and other measures according to the seriousness of the circumstances. The Anhai court sent the personal safety protection order to the local public security organ and the villagers' committee respectively, and wrote to the relevant units to pay close attention to and assist in the implementation.

【Related Links】

How to enforce a personal safety protection order

After the court makes a personal safety protection order, it shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee, and other relevant organizations. Personal safety protection orders are to be enforced by the people's courts, and public security organs, residents' committees, villagers' committees, and so forth, shall assist in enforcement.

If the respondent continues to harass the victim, beat or threaten the victim and his or her relatives, coerce the victim to withdraw a lawsuit or waive his or her legitimate rights and interests, or commit other acts of refusing to perform on the effective ruling during the period when the personal safety ruling is in effect, the court may, in accordance with the provisions of the Civil Procedure Law, impose a fine or detention depending on the seriousness of the circumstances. Where a crime is constituted, it is transferred to the public security organs for handling or the victim may be informed that a private criminal prosecution may be initiated.

Source: SoutheastErvision Morning Post