As a professional marriage and family lawyer, I am often asked such a question: What should I do if I am a victim of domestic violence?
Next, we will explore the measures that can be taken for self-protection when encountering domestic violence through a very typical case.
As a professional marriage and family lawyer, I am often asked such a question: What should I do if I suffer from domestic violence?
Next, we will explore the measures that can be taken for self-protection when encountering domestic violence through a very typical case.
Notes:
Actively seek police protection.
First of all, regarding domestic violence, do the police have the responsibility to intervene?
People's police are entrusted with legal authority and have the statutory duty to handle ongoing and past illegal acts.
Domestic violence is an illegal act.
People's police are obligated to stop and handle domestic violence.
The above argument is logically sound. According to China's "Anti-Domestic Violence Law", "Public Security Administration Punishment Law", "People's Police Law" and other relevant laws, it is the inherent responsibility of the police to protect victims of domestic violence and deal with perpetrators.
Secondly, since the police are responsible for handling domestic violence, the question arises: what kind of help can we ask the police to provide when encountering domestic violence? (As the saying goes, if someone is willing to help you, you also need to know how to make a request, right?)
- Request the police to stop the ongoing domestic violence.
- Request the police to investigate, collect evidence and fix the evidence of the occurred domestic violence. Specific methods may include interrogating both parties, making inquiry records, and issuing a police report to the reporting party.
- Arrange for a medical examination of the victim's injuries.
- Assist the victim in seeking medical treatment.
- Issue a warning to the perpetrator.
- Refer the victim to a shelter.
- File an application for a personal safety protection order on behalf of the victim with the people's court.
These requests do not need to be made all at once in the same case. They can be put forward separately or simultaneously according to the specific circumstances of the case. For more detailed information, we will elaborate on it in the following article.
Whether there is a divorce claim or not, one can apply for protection from the people's court.
Before March 2016, i.e., before the official implementation of China's "Anti-Domestic Violence Law", the prerequisite for seeking protection from the people's court due to domestic violence was to file for divorce with the court. However, in reality, many victims of domestic violence were not fully prepared for divorce, so the people's court seemed to have little involvement in handling such cases.
After the promulgation and implementation of the "Anti-Domestic Violence Law", the people's court has more extensive channels for intervention: regardless of whether the party has a divorce claim or not, as long as they have suffered domestic violence or are at risk of suffering domestic violence, the people's court can provide protection, with the specific means being a personal safety protection order. To summarize, we can seek the following protections from the people's court:
- Apply for a personal safety protection order.
- Apply for an extension of the protection order period.
- File for divorce with the people's court on the grounds of having suffered domestic violence, and claim compensation such as spiritual damages.
- Apply to the people's court to revoke the perpetrator's guardianship qualification and designate a new guardian.
- Apply for a deferral, reduction or exemption of litigation fees.
If the victim of domestic violence is a minor or a person with limited capacity for civil conduct, he/she can seek help from institutions such as his/her school, the hospital where he/she receives medical treatment, and the neighborhood committee or village committee where he/she lives. These institutions will promptly report your situation to the public security organ.
Of course, in addition to the several help-seeking channels introduced above, we encourage victims to seek help from people around them in a timely manner when violent acts occur or there is a risk of occurrence, so as to promptly prevent the occurrence and deterioration of violence. In the subsequent pushes, we will also distinguish different situations and introduce the specific usage methods of these help-seeking channels in more detail for everyone.