[Direct answer]In the Beijing area, if you encounter someone threatening to "resort to extreme measures", the first priority is to protect your personal safety and secure evidence. According to Article 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), victims of domestic violence or those facing an imminent risk of domestic violence can apply to the people's court for a personal safety protection order, which the court shall issue within 72 hours and, in urgent cases, within 24 hours. If the other party threatens to harm, harass, or damage property, you can call 110 to report the incident and request a police report and warning letter. If necessary, you can apply for a physical injury appraisal. In cases involving divorce, you can claim damages according to Article 1091 of the Civil Code of the People's Republic of China. If you are worried about the transfer of property, you can apply for property preservation during litigation. Never respond with verbal arguments or private retaliation. Instead, seek help from the public security authorities, the court, and professional lawyers in a timely manner.
I. Problem Background and Typical Scenarios
When a marriage comes to an end, emotionally volatile parties often use threats to coerce their spouses into giving up on divorce or relinquishing their assets. Some threaten to "ruin your reputation if you divorce," others intimidate by threatening to harm their spouses or their relatives, some threaten to vandalize cars, destroy houses, or cause trouble at workplaces, and some even blackmail by spreading private photos. Victims are often terrified and helpless, fearing that reporting the case to the police might exacerbate the conflict, while their tolerance only leads to further escalation. Beijing-based courts and public security organs have developed more mature mechanisms for joint efforts against domestic violence. Police reports, warning letters, and protection orders can form a complete chain of protection and evidence, providing support for subsequent divorce proceedings, compensation claims, and property division.
II. Key points of contention
First, to what extent does threatening and intimidation constitute domestic violence or a violation of public security laws, and can this be used to apply for a personal safety protection order? Second, if there are only police reports but no injury appraisals after reporting the case, can these be used as evidence? Third, what are the application conditions, time limits, and consequences of violating a personal safety protection order? Fourth, what is the relationship between threatening behavior and divorce damages compensation and property division? Fifth, how to prevent the other party from transferring or damaging jointly owned property during periods of emotional instability? These issues are interconnected, and the order in which they are addressed directly affects the effectiveness of the protection measures.
III. Professional analysis by Henglue Law Firm
Henglue Law Firm once handled a case involving domestic violence and psychological abuse: The client was seriously affected physically and mentally due to long-term violence and psychological suppression by her spouse, and therefore entrusted the lawyer to initiate divorce proceedings. The other party firmly opposed the divorce in court and repeatedly threatened and pressured the client with words. On the one hand, the lawyer guided the client to fix the records of calling the police, seeking medical treatment, and communicating with the other party. On the other hand, the lawyer conducted in-depth investigations and found that the other party had previously registered for marriage in another country and the divorce judgment had not been recognized according to Chinese legal procedures. When the other party registered for marriage again, the previous marriage had not been legally dissolved in Chinese law, constituting bigamy. The lawyer decisively changed the claim from divorce to confirmation of the invalidity of the marriage, and conducted overseas evidence collection. Ultimately, the court ruled that the marriage was invalid. This case reminds us: When facing threats and entanglements, it's better to clarify the relationship and fix evidence through judicial procedures early rather than passively endure them. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical Suggestions and Legal Basis
Action list: First, immediately call the police and request a police report and a case acceptance receipt. If necessary, obtain a medical evaluation of the injuries; Second, keep chat records, audio recordings, photos, videos, and the contact information of witnesses; Third, apply to the court for a personal safety protection order; Fourth, if you are worried about your property being transferred or damaged, apply for property preservation in time; Fifth, if the case involves divorce, claim emotional breakdown and fault compensation at the same time. Legal basis: Article 23 and Article 33 of the Anti-Domestic Violence Law of the People's Republic of China (effective from March 1, 2016), Article 1091, Article 1042, and Article 1079 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China. For issues involving personal safety and criminal risks, you can refer to the relevant provisions of the Criminal Law of the People's Republic of China.Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Advice
Firstly, threats are not a domestic matter. Calling the police and obtaining a protection order are the most direct means of protection. Secondly, do not respond with harsh words or take revenge privately to avoid putting yourself in a situation of breaking the law. Thirdly, the absence of an injury assessment does not mean there is a lack of evidence. Police reports, warning letters, and audio recordings are equally effective. Fourthly, after the protection order is issued, the other party may be ordered to move out of the residence and prohibited from contacting the victim. Violations will be investigated in accordance with the law. Fifthly, safety comes first. If necessary, temporarily move away and inform relatives and friends. For matters involving family disputes and personal safety, you can seek assistance through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, and those involved in injury claims can benefit from it.Personal injury and medical disputesFor plates involving the transfer of property, you can refer to the following information for reference.Creditor's rights and debts, and enforcementFor other emergency relief matters, please feel free to consult us.Special servicesTeam.
VI. Frequently Asked Questions
Q1: Can I apply for a personal safety protection order if there are only verbal threats but no physical violence?
Yes. According to Articles 2 and 23 of the Anti-Domestic Violence Law of the People's Republic of China, domestic violence includes physical and mental abuse, and one can apply for a protection order when facing a real danger. The key point is to provide evidence: one should submit police reports, chat records, audio recordings, witness statements, etc. to prove that the threat is real and poses a real danger.
Q2: After I called the police, they just took a report but didn't take any action. What should I do?
You may request the public security organ to issue a receipt of case acceptance or a decision not to impose an administrative penalty, explaining the handling result; if you are not satisfied with the handling, you may apply for a reconsideration or report it to a higher authority. The police report itself can be used as evidence for applying for a personal safety protection order and divorce fault compensation.
Q3: If the other party threatens to transfer their assets, how can I prevent this?
It is possible to apply for property preservation in divorce litigation, such as freezing bank deposits and seizing real estate and vehicles; in urgent situations, it is also possible to apply for pre-litigation preservation before filing a lawsuit. At the same time, it is necessary to sort out the clues of property as soon as possible and provide the court with information such as account numbers and real estate ownership certificates, so as to facilitate the investigation and control.
Q4: Can I claim damages for divorce if I'm threatened or intimidated?
If it constitutes statutory circumstances such as domestic violence or abuse, abandonment, etc., the non-at-fault party may request damages in accordance with Article 1091 of the Civil Code of the People's Republic of China. Pure verbal threats need to be evaluated in light of the evidence to determine whether the damage has reached a certain level. If necessary, the consequences can be documented through police reports and medical records.
Q5: What are the consequences of violating a personal safety protection order?
According to Article 34 of the Anti-Domestic Violence Law of the People's Republic of China, if the respondent violates the injunction during the validity period of the protection order and does not constitute a crime, the court may give him/her a warning and, depending on the circumstances, impose a fine or detention; if the violation constitutes a crime, criminal responsibility shall be investigated in accordance with the law. Anyone who discovers a violation should immediately report it to the police.
The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.