[Case Summary]This case involves an application for a personal safety protection order. Liu Shufen remarried Zhao Dashan in 1995 and Zhao Dashan passed away in 2020. Her stepdaughter, Zhao Liya, and her son-in-law, Wu Gang, repeatedly harassed her, broke into her home with a crowbar, and destroyed surveillance cameras on the grounds of "dividing the inheritance". In April 2025, a conflict resulted in Liu Shufen sustaining a second-degree minor injury and Wu Gang being criminally detained. Liu Shufen, who is nearly 90 years old, has entrusted Beijing Henglu Law Firm to handle the case for her.Li YonghuiThe applicant applied for a personal safety protection order. The core dispute was whether the step-siblings, who had not established a guardianship relationship, were the subjects of the protection order and whether their actions constituted a real danger of domestic violence. The court ruled that Zhao Liya and Wu Gang were prohibited from threatening, insulting, beating, or harassing Liu Shufen. The court applied the "Anti-Domestic Violence Law of the People's Republic of China" and relevant judicial interpretations.

I. Review of the Case Facts

"Is it domestic violence if stepchildren harass elderly people?" and "How can an 80-year-old elderly person apply for a protection order?" are hot topics related to elderly rights. Liu Shufen and Zhao Liya's father, Zhao Dashan, remarried in 1995. At that time, Zhao Liya was already 30 years old and independent. In 2020, Zhao Dashan passed away, but his stepdaughter, Zhao Liya, and her husband, Wu Gang, frequently harassed him at home on the grounds of dividing his estate.

According to Liu Shufen's recollection, the two of them secretly broke into Room 301 by prying open the lock, searched for the "inheritance certificates", and damaged the surveillance cameras. In April 2025, a conflict resulted in her right shoulder joint injury, scaphoid fracture, and subconjunctival hemorrhage of the right eye. After being appraised as a minor injury, her son called the police, and Wu Gang was detained by the criminal police. Liu Shufen, who is nearly 90 years old, went to Beijing Henglu Law Firm with her son for legal help.Li YonghuiProtecting rights and interests.

II. The focus of the case

  • Focus 1: Whether step-parents who have not formed a custody relationship can be the applicants for protection orders.Based on their frequent contact due to the stepmother-daughter relationship and inheritance disputes, they meet the criteria for living together or having a specific identity relationship outside of the family members.
  • Focus II: Whether Zhao Liya and Wu Gang's behavior constitutes domestic violence or a real danger.It needs to be proven by evidence such as the injury, the destruction of property, and the call to the police.
  • Focus Three: The specific scope of the prohibitions in the protection order.The court supported some of the requests based on the evidence and rejected those without evidence.

III. The professional intervention of Hengluo Law Firm

The applicant (victim) claims that:Liu Shufen claimed that she was subjected to violence by her stepdaughter and her husband, and faced real danger. She requested the court to issue a personal safety protection order to prohibit threats, insults, beatings, harassment, stalking, and entering her residence.

The respondents (the stepdaughter and her husband) argued that:He claimed that he went to his wife's house to divide the inheritance and denied that it constituted domestic violence.

Hengluo Lawyer's Agency Opinion:Li YonghuiDetermine the approach to handling "Personal Safety Protection Orders" and clarify two key points: First, anchor on legal basis. According to the Anti-Domestic Violence Law and the regulations for handling protection order cases, it is pointed out that "family members" include people who live together outside the family. Although Zhao Liya does not have a guardianship relationship, she forms a specific identity connection with her stepdaughter based on their legal status and inheritance disputes, which meets the requirements for applicants. Second, comprehensively fix evidence and form five types of materials - identity and relationship proof, evidence of violent acts (damaged surveillance photos, photos of damaged property, conflict images, neighbor's testimonies), injury and medical records (outpatient medical records, diagnosis certificates, secondary injury appraisals), public security organ materials (case filing notice, detention notice), and materials related to inheritance disputes, which prove the existence of domestic violence and real danger.

IV. Outcome of the case

The court reviewed and found that Liu Shufen had intense conflicts with Zhao Liya and Wu Gang, and these conflicts had already led to injuries to Liu Shufen and the criminal detention of Wu Gang. Considering that Wu Gang is elderly and in poor health, some of the applications meet the statutory conditions for issuing a protection order under Article 27 of the Anti-Domestic Violence Law of the People's Republic of China. The court ruled that Zhao Liya and Wu Gang are prohibited from threatening, insulting, beating, or harassing Liu Shufen. However, since there is no evidence to prove the act of "stalking" and the ownership of Room 301 is pending inheritance, the requests for "prohibiting contact with close relatives" and "prohibiting entry into the residence" were rejected. The ruling is No. (2025) Jing XXXX Civil Protection Order X1.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's advice: In a law-based society, violence should not be countered with violence. When family conflicts escalate into violence, victims can apply for personal safety protection orders according to law; promptly reporting to the police, seeking medical treatment, and preserving evidence of injuries and conflicts are key to obtaining protection orders.

VI. Common Questions about Personal Safety Protection Orders FAQ

  1. Q:Is it considered domestic violence when stepchildren harass elderly people?
    A:Yes. The term "family members" in the Anti-Domestic Violence Law also includes people who live together outside the family. Harassment and violence arising from specific identity relationships based on kinship can constitute domestic violence and lead to the application for a protection order.
  2. Q:How can an 80-year-old elderly person apply for a personal safety protection order?
    A:Accompanied by the victim or their close relatives, they shall apply to the court of their residence and submit materials such as the evaluation of the injury, the police report, photos of the damaged property, and the witness statements of neighbors, which can prove the existence of domestic violence or an imminent danger.
  3. Q:Can a protection order prevent the other party from entering my home?
    A:If there is evidence to prove that the other party broke into the residence, engaged in stalking, or entered a dangerous area, you can request a restraining order to prohibit them from entering the residence. If there is no evidence, the request may not be supported, and the court will determine the specific restraining order based on the evidence provided.
  4. Q:Do I need to pay to apply for a protection order, and how long will it take to issue one?
    A:Applicants for personal safety protection orders do not need to pay litigation fees or provide guarantees; after the court accepts the application, it will review it promptly and make a ruling if the applicant meets the statutory conditions.
  5. Q:What should I do if the other party violates the protection order?
    A:The protection order is enforceable. If the respondent violates it, the court may reprimand, fine, or detain them according to the law. If the violation constitutes a crime, criminal charges will be pursued in accordance with the law.