[Direct answer]In the Beijing area, personal safety protection orders should be applied to the people's court. Generally, they are applied to the people's court of the respondent's residence, the people's court of the applicant's residence, or the people's court of the location where the domestic violence occurred. In the event of a dispute over jurisdiction, the people's court of the applicant's residence shall have jurisdiction. It should be noted that such protection orders are not dependent on divorce litigation. Even if the marriage relationship between the parties is still ongoing and no divorce lawsuit has been filed, an application can be made independently, and the applicant does not need to initiate divorce litigation first. Applications are primarily in writing, with the core materials including a written application, the applicant's identity certificate, and evidence that can prove the existence of domestic violence or actual danger, including police report receipts and police response records, hospital diagnosis certificates and medical records, injury photos, audio and video recordings, chat records, certificates issued by the Women's Federation or the community, and witness statements, etc. The Civil Code of the People's Republic of China (effective January 1, 2021) establishes the basic principles of protecting the rights and interests of members of marriage and family in the chapters on marriage and family and general provisions. The specific application of relevant protection measures shall be subject to the currently effective laws, regulations, and judicial rulings.Divorce litigation and family disputesThe column provides ideas on how to organize the application materials.

1. Problem background and typical scenarios

The parties who consult such issues are usually in three situations: first, they have suffered from domestic violence for a long time but have never reported it to the police or kept any written records, and they don't know where to start; second, they have reported it to the police and sought medical treatment many times, but they are not sure whether these materials can be used as the basis for the application; third, they are worried about being retaliated against after applying for protection, or they don't know whether the matter can be handled together in the divorce litigation. In practice, there is a common misunderstanding that one must first file for divorce before applying for protection measures. In fact, protection orders and divorce litigation are two relatively independent procedures. The former addresses personal safety issues, while the latter deals with marital relations and arrangements for property and children. The evidence of the two procedures can support each other. When the applicant has both divorce litigation and protection orders, the evidence and strategies should be planned in a unified manner to avoid duplicated efforts. The connection between personal safety and subsequent rights protection can be referred to together.Special services and other casesColumn.

II. Key points of contention

Focus One: The choice of jurisdiction court, and how to determine the applicant's residence, the respondent's residence, and the location where the violence occurred. Focus Two: The standard of proof for domestic violence facts, and whether unilateral statements and indirect evidence can be used to establish the facts. Focus Three: The specific content of protection measures, and how to clearly state enforceable provisions such as prohibiting contact, harassment, and stalking. Focus Four: The duration and extension of the measures, and how to apply for their continuation after the expiration of the term. Focus Five: The consequences of violating protection orders, and what responsibilities the violator may bear. Focus Six: The evidence connection between protection measures and divorce litigation, and whether they can be referenced mutually. Focus Seven: Emergency response and police reporting when the safety risk is extremely high. The specific adjudication guidelines for the above matters shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the experience of handling family law cases at our firm, the success or failure of a protection order application largely depends on the quality of the supporting materials rather than procedural techniques. A common effective combination involves three parallel lines of evidence: 1. **Procedural Evidence**: Police reports, case records, warning letters, or interrogation transcripts to prove the occurrence of the incident and its chronological sequence. 2. **Medical Evidence**: Diagnostic certificates, medical records, medication records, and injury photos to demonstrate the consequences of the harm. 3. **Behavioral Evidence**: Audio/video recordings, chat logs, and threatening statements to establish the continuity and danger of the behavior. When these three lines of evidence corroborate each other, the application materials are more likely to be accepted, even in the absence of direct eyewitnesses. Conversely, a single isolated diagnostic certificate or an emotional statement alone is often insufficient to support the determination. In terms of clause design, it is recommended to list prohibited actions item by item based on behavioral types, specifying timeframes, contact information, and consequences of violation to avoid ambiguous language leading to enforcement difficulties. Another often overlooked aspect is post-application safety arrangements: Protection orders only restrict the other party's behavior. If the victim continues to live with the perpetrator, fails to adjust communication methods, or maintains the same commuting route, the practical effectiveness will be weakened. Lawyers typically provide actionable safety recommendations simultaneously. At the agency level, our family law team evaluates the evidence construction of divorce litigation, the timing of property preservation, and the coordination of child custody arrangements when handling such applications, treating the protection order as an integral part of the overall strategy rather than an isolated measure. Specific procedural and material requirements should follow the guidelines of the court where the case is filed.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, sort out the timeline of the violent incidents, noting the time, form, consequences, and witnesses of each incident. 2. Report the incident to the police immediately and keep the receipt, even if a settlement is reached on the spot. 3. Seek medical treatment promptly after being injured and retain the diagnosis certificate, medical records, medication records, and photos of the injuries. Ensure to preserve the original documents and the time of the photos. 4. Save evidence of the incident, such as chat records and audio/video recordings, and ensure the evidence collection methods are legal. 5. Collect certificates or testimonies from women's federations, communities, employers, and relatives/friends. 6. When writing the written application, list the prohibited actions item by item and specify clear timeframes. 7. Assess whether to simultaneously initiate divorce litigation and property preservation proceedings. 8. Immediately adjust contact information, address, and travel arrangements after applying for protection. Legal basis: - Articles 1092 and 1093 of the Civil Code of the People's Republic of China (effective January 1, 2021); - Provisions on personal safety protection measures in the Anti-Domestic Violence Law of the People's Republic of China (adopted December 27, 2015, effective March 1, 2016); - Provisions on applications and evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024).

5. Henglu Law Firm's Reminder

Firstly, the application for a protection order does not require a divorce lawsuit as a prerequisite, and it can be applied for even before litigation begins. Secondly, calling the police is the least costly and most persuasive action. Don't hesitate to report the incident out of concerns. Thirdly, when collecting evidence through audio and video recordings, it's essential to ensure their legality and avoid obtaining them by infringing on others' legitimate rights. Fourthly, the provisions of the protection order should be as specific as possible. Prohibitions on contact and harassment should be stated separately. Fifthly, prepare for the renewal of the measures before their expiration date, rather than waiting until they have lapsed to take action. Sixthly, violating the protection order may result in legal liability, which is also an important deterrent against the other party. Seventhly, maintain restraint in communication with the other party during the application process to avoid exacerbating conflicts or being perceived as provocation. Eighthly, if the case involves the rights and interests of minors, you can simultaneously report the situation to schools, communities, and child protection agencies. For the connection between property preservation and enforcement, you can refer to relevant guidelines.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: To which court should a personal safety protection order be applied for?

Generally, the application should be submitted to the people's court at the defendant's residence, the applicant's residence, or the people's court where the domestic violence occurred; if there is a dispute over jurisdiction, the people's court at the applicant's residence shall have jurisdiction. The applicant may submit the application to more than two courts with jurisdiction at the same time, but the duplicate application to the same court may not be accepted. It is recommended to confirm with the case filing court first.

Q2: Is it necessary to file for a divorce lawsuit before applying for a protection order?

No. A protection order is a special procedure independent of divorce litigation. Even if the marriage relationship still exists and the parties have not initiated divorce litigation, as long as there is evidence of domestic violence or a real danger, an application can be made. It addresses the issue of personal safety and complements the divorce litigation in terms of dissolving the relationship and arranging property and child custody matters.

Q3: Can I apply for compensation if I don't have a police report, but only a diagnosis certificate?

You can submit it, but it is recommended to provide additional evidence. A diagnosis certificate can only prove the consequences of the injury, but it is difficult to independently explain the causes and the perpetrators. It is best to also provide photos of the injuries, chat records, witness statements from relatives and friends, or records from the Women's Federation, to form a clear evidence chain of time and causality, which will significantly increase the likelihood of being accepted as evidence.

Q4: How long does it usually take for a protection order to be issued, and what is its validity period?

There are differences in practices across different regions. In emergency situations, the court may first take appropriate measures and then make a ruling in accordance with the law. The specific arrangements shall be subject to the handling arrangements of the accepting court. The duration of the measures is usually a certain number of days, and an extension may be applied for before the expiration of the term. It is recommended to consult about extension and modification at the same time when applying, so as to avoid interruption of the protection chain.

Q5: What will happen if the other party violates the protection order?

They may face civil liability for compensation, and in serious cases, they may also be held criminally accountable. At the same time, their fault evaluation in subsequent divorce litigation will also be affected. Therefore, protection orders are not only a protective tool, but also can form effective psychological and procedural constraints in disputes. If there are violations, they should promptly preserve evidence, report the case to the police, and apply for prosecution. For the debt recovery process, you can refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Financial capital and cross-border transactions involving foreign entitiesColumn.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.