[Direct answer]Yes. Article 2 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016) clearly stipulates that physical and mental harm inflicted on family members through means such as beating, binding, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation constitute domestic violence. Acts of mental harm caused by threats, intimidation, insults, and stalking are also subject to the regulation. Victims can report the case to the public security organ and apply for a personal safety protection order to the people's court. The "Provisions of the Supreme People's Court on the Application of Law in Handling Cases of Personal Safety Protection Orders" (effective August 1, 2022) further clarify that the application for a protection order does not require the initiation of divorce litigation and lowers the standard of proof. It is recommended to simultaneously fix evidence such as police reports, chat and call recordings, and witness statements.

1. Problem background and typical scenarios

Many victims still understand domestic violence as physical violence, ignoring the harm inflicted on the mental level. There are three typical scenarios: first, long-term attacks on the other party's personality through insults, degradation, and intimidation; second, threatening to harm the other party or their relatives to create fear and control them; third, repeatedly tracking, stalking, and bombarding them with messages to interfere with their normal lives. Such behaviors often leave no obvious physical marks, making it difficult to collect evidence and determine guilt. However, they can also seriously damage physical and mental health. In the judicial practice of Beijing, the attention paid to psychological violence is increasing continuously.

II. Key points of dispute

Firstly, whether the threats and intimidations meet the criteria for identifying domestic violence, and what requirements there are for their persistence. Secondly, how to prove the existence of mental harm when there are no physical injuries. Thirdly, the application conditions and acceptance standards for personal safety protection orders. Fourthly, the connection between protection orders and divorce litigation and custody disputes. Fifthly, the legal consequences for perpetrators who violate protection orders. The key lies in organizing the scattered acts of harassment and intimidation into a chain of evidence that can be accepted by the court.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers summarize three key points based on practical experience. First, the focus of determination lies in recurrence and control. Occasional verbal disputes generally do not constitute domestic violence, but repeated threats, insults, stalking, and harassment, which can make the victim feel fear and affect their normal life, can usually be regarded as psychological abuse. Second, the organization of evidence. Police reports and police response records are the core, followed by threatening text messages, WeChat voice messages, call recordings, surveillance footage, witness statements from neighbors and relatives, medical records, and psychological treatment materials; for persistent harassment, a timeline can be organized to highlight the frequency and impact. Third, relief pathways. Victims can report the case to the public security organ and apply for a personal safety protection order from the people's court, requesting a ban on violence, harassment, stalking, and contact, and ordering the offender to move out of the residence; the protection order can be applied for separately, not attached to divorce litigation, and violators can be detained, fined, or even prosecuted according to law. In cases involving divorce and child custody, the protection order and related evidence can also serve as important evidence for determining the breakdown of the marriage and the fault of the other party in the divorce litigation.

IV. Practical suggestions and legal basis

Action suggestions: First, if you encounter threats or intimidation, you should report to the police immediately and request a police report and a proof of injury; Second, fully preserve chat records, call recordings, and surveillance videos to avoid deleting or overwriting them; Third, apply for a personal safety protection order from the court and, if necessary, file a divorce lawsuit at the same time; Fourth, seek social support from the community, women's federations, and psychological counseling to form multi-dimensional evidence. For family disputes and personal protection cases, you can refer to the relevant provisions of the Civil Code of the People's Republic of China and the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesFor criminal accountability involving violent acts, you can refer to the following cases for reference:Criminal defense and criminal case filingLegal basis: Articles 2, 13, and 23 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), and the "Provisions of the Supreme People's Court on the Application of Law in Cases of Personal Safety Protection Orders" (effective August 1, 2022). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, domestic violence is not limited to physical harm; mental abuse is also protected by law. Secondly, police reports are crucial evidence for protection orders and divorce litigation, so it's essential to keep them. Thirdly, protection orders can be applied for separately, without having to wait until a divorce lawsuit is filed. Fourthly, violating a protection order will result in detention, fines, and other penalties. For matters involving family disputes and personal safety, you can seek assistance through legal channels.Divorce litigation and family disputesThe overall solution for service acquisition involves the integration of criminal reporting and accountabilityCriminal defense and criminal case filingFor issues involving personal rights and reputation protection, you can refer to the following materials for reference.Personal injury and medical disputesFor the column, you can consult us about comprehensive rights protection solutionsSpecial services and other casesTeam.

VI. Frequently Asked Questions

Q1: If someone just threatens to commit violence but doesn't actually do it, can it still be considered domestic violence?

Yes. The Anti-Domestic Violence Law includes behaviors such as frequent verbal abuse and intimidation that cause mental harm into the scope of domestic violence. Whether it constitutes domestic violence depends on the continuity and control of the behavior, as well as whether it causes fear in the victim and affects their normal life, rather than necessarily resulting in physical harm.

Q2: If there are no physical scars, how can one prove that they have suffered from psychological violence?

We can start with the police reports, response notifications, threatening text messages and WeChat voice messages, call recordings, surveillance footage, witness statements from neighbors and relatives, and medical and psychological treatment materials to sort out the timeline of the continuous harassment, highlight the frequency and its impact on daily life, and form a mutually corroborating chain of evidence.

Q3: How to apply for a personal safety protection order?

Applicants or respondents may file an application and submit relevant evidence to the basic-level people's courts in the place where they live or where the domestic violence occurred. According to the relevant provisions of the Supreme People's Court, the application does not require the initiation of divorce litigation as a prerequisite. After accepting the application, the court generally makes a ruling within 72 hours, and in urgent cases, it makes a ruling within 24 hours.

Q4: What can a protection order prohibit the other party from doing?

The respondent may be prohibited from committing domestic violence, harassing, stalking, or contacting the applicant and their close relatives, ordered to move out of the applicant's residence, and subject to other measures to protect the applicant's personal safety. If the respondent violates the protection order, the court may reprimand, fine, or detain them, and if the violation constitutes a crime, criminal charges will be pursued in accordance with the law.

Q5: What are the effects of threats and intimidation during a divorce?

The impact is obvious. The relevant evidence can be used as the basis for determining that the marital relationship has indeed broken down and that one party is at fault. It may be taken into account in the division of property and affect the determination of custody rights. It is recommended to submit it together with the divorce application and, if necessary, apply for a protection order to ensure personal safety and the smooth progress of the litigation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.