Anti-Domestic Violence Legal Lecture: Building a Protective Umbrella for Children Witnessing Domestic Violence

Mr. Zhang and Ms. Li met through an introduction, later developed a romantic relationship, and registered their marriage. The couple had a lovely son after marriage. Both doted on their son deeply, and the family appeared to live a happy life in the eyes of others.

With Mr. Zhang’s career promotion, his irascible temper gradually came to the surface. He frequently resorted to physical assault and battery against Ms. Li, and even verbally abused her in front of their son on multiple occasions. Eventually, Ms. Li decided to divorce Mr. Zhang and moved out of their marital residence.

Upon learning that Ms. Li had filed a divorce lawsuit, Mr. Zhang went to her temporary residence under the pretext of negotiating a settlement. During the negotiation, he slashed and injured Ms. Li with a knife. Tragically, their nearly 10-year-old son witnessed the entire incident, and Mr. Zhang’s conduct caused severe psychological trauma to the child.

With the assistance of a lawyer, Ms. Li subsequently successfully applied to the court for a personal safety protection order, which also extended protection to their son. Since then, Ms. Li and her son have been living in a rented accommodation.

During the six-month valid period of the protection order, deterred by legal sanctions, Mr. Zhang ceased harassing Ms. Li and their son, and the boy’s nervousness gradually eased. However, after the personal safety protection order expired, the boy became extremely anxious again. He repeatedly asked Ms. Li to wait for him at the school gate to pick him up after school.

Shortly after the six-month protection period expired, Mr. Zhang requested to take their son to spend the weekend together. Nevertheless, the negative impact of the child witnessing domestic violence persisted, and he was unwilling to have any contact with Mr. Zhang. Therefore, Ms. Li clearly informed Mr. Zhang that their son was still in a state of extreme anxiety. She hoped he would take a gradual approach, refrain from rushing to take the boy away, and wait until the child was no longer fearful of contacting him.

Mr. Zhang, however, believed that Ms. Li was deliberately obstructing him. Without prior notice to Ms. Li, he repeatedly waited for the boy after school at his primary school, attempting to take the child away without school staff supervision.

Mr. Zhang’s behavior filled the boy with great fear. The child firmly refused and resisted, yet Mr. Zhang insisted on stopping him and repeatedly tried to take him away. Their entanglement was witnessed by passing schoolmates. It was not until teachers and security staff intervened that Mr. Zhang finally left the scene.

After the personal safety protection order expired, Ms. Li remained highly cautious. She tried her best to pick up her son from school every day, fearing that the boy might be traumatized and refuse to go to school. However, this was not a long-term solution. Moreover, Mr. Zhang’s unannounced visits caused secondary psychological harm to their son.

Ms. Li turned to the Wumei legal team for help again. After an in-depth case review and an assessment of the son’s mental state, the legal team held a meeting and decided to file an application for a personal safety protection order in the minor son’s name.

Q: Can a minor who has witnessed domestic violence apply for a personal safety protection order?

A: Yes.

In accordance with the Anti-Domestic Violence Law of the People’s Republic of China, any person who suffers domestic violence or faces an imminent risk of domestic violence may file an application for a personal safety protection order with the people’s court.

In this case, the applicant is not a direct victim of domestic violence nor a person facing an immediate risk of abuse, but a minor who merely witnessed domestic violence. Superficially, this seems inconsistent with statutory provisions and unlikely to gain court support. In practice, however, the situation is different.

Lawyer Huang Xiaoying, project consultant of Nansha · Women’s Benefit Initiative — the 2nd 2018 Nansha District Women and Children Public Welfare Venture Project Building a Harmonious Home — Anti-Domestic Violence Legal Support Program, held the following view:

First, the harm inflicted on child witnesses of domestic violence is undeniable and widely recognized across society. In 2015, Taiwan of China revised its Domestic Violence Prevention Act, specifically setting forth protective measures for minors who witness domestic violence. It explicitly prohibits the respondent from harassing, contacting, stalking, calling, corresponding, or engaging in other unnecessary conduct toward children and juveniles who have witnessed domestic violence.

It is evident that minors who witness domestic violence are psychologically immature, and the harm they suffer is no less severe than that endured by direct victims. If they are further subjected to harassment or aggressive conduct by the perpetrator, they will inevitably sustain severe physical and mental harm. Therefore, such minors shall be entitled to apply for a personal safety protection order when facing such harm or potential risk.

Q: As the boy’s father, Mr. Zhang has the right of free visitation before the court rules on child custody and visitation arrangements. How can his conduct be deemed domestic violence?

A: Article 2 of the Anti-Domestic Violence Law of the People’s Republic of China stipulates: "For the purpose of this Law, domestic violence refers to physical, mental and other infringements committed between family members through beating, binding, mutilation, restriction of personal freedom, regular insult, intimidation and other means."

In this case, having witnessed his father commit severe violence against his mother, the son suffered intense fear and strongly resisted any contact with Mr. Zhang. After the expiration of the personal safety protection order that prohibited Mr. Zhang from committing domestic violence against Ms. Li (with protection extended to their son), Mr. Zhang ignored the boy’s clear refusal to meet him. He insisted on forced contact and even restrained the child from leaving, undoubtedly causing mental distress and infringing upon the boy’s personal liberty.

In light of the legislative spirit of the Anti-Domestic Violence Law — to prevent and stop domestic violence, protect the legitimate rights and interests of family members, maintain an equal, harmonious and civilized family relationship, and promote family harmony and social stability — temporarily restricting contact between the abusive parent and the child before the impact of violence subsides is an essential measure to eliminate the after-effects of domestic violence.

The court attached great importance to the case after accepting the application. It appointed a social guardian investigator to interview the boy at school, consult with the principal and head teacher, and issue an investigation report confirming that the child remained in a state of fear of Mr. Zhang.

The court subsequently convened both parties for a hearing. Lawyers Li Xiaofei and Huang Xiaoying, consultants of the project Building a Harmonious Home — Anti-Domestic Violence Legal Support Program, attended the hearing as legal representatives of Ms. Li. The two parties held conflicting arguments during the hearing. The presiding judge took the initiative to assist in mediation and provided guidance to both sides, aiming to create a sound environment for the child’s healthy growth.

Thanks to the persistent efforts of the legal team, the court finally granted and issued the personal safety protection order.