(hereinafter referred to as the Measures) was unanimously adopted at the 22nd meeting of the Standing Committee of the 13th Guangdong Provincial People's Congress on July 29, and shall come into force on October 1.
The Measures strengthens protection for minors, expands the scope of protected subjects in an innovative manner, and clearly stipulates that minors who witness domestic violence are victims of domestic violence.
As early as 2017, Wumei Lawyers successfully applied for a personal safety protection order for a child witness of domestic violence. The case was a divorce dispute involving domestic violence. In the case, the child suffered physical and mental harm after witnessing domestic violence. Wumei Lawyers promptly filed an application for a personal safety protection order with the court, which was approved, effectively safeguarding the rights and interests of the minor witness. The case achieved remarkable social effects and was selected into the Top Ten Cases of Guangdong Province on Anti-Domestic Violence and Protection of Women and Children’s Rights and Interests in 2019.
Case Review
Ding filed a lawsuit with the court for divorce from Li. Upon learning of the lawsuit, Li went to Ding’s parents’ house under the pretext of negotiating a settlement. During the negotiation, Li lost control of his emotions, attacked and wounded Ding with a knife. Their minor son Xiao Li witnessed the entire incident.
With legal assistance, Ding successfully applied to the court for a personal safety protection order, which also covered Xiao Li within its scope of protection. During the validity period of the protection order, Li refrained from harassing Ding and Xiao Li. After the order expired, Li demanded to take Xiao Li away. Having witnessed Li’s violent acts on multiple occasions, Xiao Li suffered severe psychological fear and repeatedly expressed his refusal to have any contact with Li. Li attempted to forcibly take Xiao Li away, who showed intense resistance.
Throughout the long period of domestic violence inflicted by Li upon Ding, Xiao Li had been a constant witness to such violence. In particular, after Li wounded Xiao Li’s mother with a knife in front of the child, Xiao Li sustained severe physical and mental trauma. He stated that he dared not and was unwilling to face his father. For this reason, Xiao Li’s mother sought help from our legal team.
After a thorough investigation of the case, the lawyers filed an application for a personal safety protection order on behalf of Xiao Li, requesting the court to prohibit Li from harassing, stalking, and contacting Xiao Li and his mother Ding.
After the hearing procedure, the court held that Xiao Li is a minor whose psychology and personality are still in the developing stage, with fragile mental resilience and low stress tolerance. Having witnessed his closest parents turn against each other, and seen Li wound his mother Ding with a knife, Xiao Li has suffered severe physical and mental harm as well as immense psychological stress.
Despite Xiao Li’s explicit resistance and refusal to go with him, Li still insisted on taking the child away, which further aggravated Xiao Li’s psychological burden and severely disrupted his daily life and study.
Accordingly, the court ruled that Li is prohibited from harassing, stalking and contacting the applicant Xiao Li and his mother Ding, with a protection period of six months.
If Li violates the above prohibition, he shall be subject to fines or detention in light of the circumstances in accordance with Article 111 of the Civil Procedure Law of the People's Republic of China. Should his act constitute a crime, criminal liability shall be pursued in accordance with the law.
Lawyer’s Comment by Wumei Lawyers
In domestic violence cases, victims are not limited to those directly abused. Minors who witness domestic violence also deserve legal protection. When any family member commits physical violence, mental abuse or other harmful acts against other family members, such acts will exert adverse impacts on adolescents living in the same family environment.
Although these children are not directly subjected to violence, their exposure to domestic violence directly or indirectly causes severe physical and mental harm. Therefore, in handling domestic violence cases, legal practice shall attach importance not only to direct victims, but also to minors growing up in violent family environments.
Fortunately, this case handled by Wumei Lawyers has effectively promoted relevant local legislation. It is believed that the implementation of the Measures of Guangdong Province for the Implementation of the Anti-Domestic Violence Law of the People's Republic of China will provide a strong legal safeguard for minor children trapped in domestic violence environments.