[Direct answer]In the Beijing area, those who have suffered from domestic violence or are facing a real risk of domestic violence can apply to the people's court for a personal safety protection order. As long as there is a clear respondent, specific requests, and circumstances of having suffered from domestic violence or facing a real risk of domestic violence, the court shall accept the application and make a protection order or reject the application within 72 hours after accepting the application, and make a decision within 24 hours if the situation is urgent (Articles 23, 27, and 28 of the Anti-Domestic Violence Law of the People's Republic of China, implemented on March 1, 2016). If the party is unable to apply due to coercion, intimidation, etc., his or her close relatives, public security organs, women's federations, residents' committees, village committees, and relief management agencies may apply on his or her behalf; the application does not require the initiation of divorce litigation and can be filed separately; the validity of the protection order shall not exceed six months. If the respondent violates the protection order and constitutes a crime, criminal responsibility shall be investigated according to law; if it does not constitute a crime, the court may give a warning, impose a fine of not more than 1,000 yuan, or detain the respondent for not more than 15 days (Articles 30 and 34 of the same law). For more details, please refer to the Anti-Domestic Violence Law of the People's Republic of China.Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

Domestic violence not only occurs before a divorce decision, but also often persists throughout the divorce negotiations and litigation process: long-term physical abuse, bondage, mutilation, restriction of personal freedom, or frequent verbal assaults and threats; after separation, the other party still stalks, harasses, or blocks the door; the other party uses children or property to coerce; and violence may also occur in the context of cohabitation. Article 2 of the Anti-Domestic Violence Law clearly stipulates that physical and mental abuse committed between family members through methods such as beating, bondage, mutilation, restriction of personal freedom, and frequent verbal assaults and threats constitute domestic violence. Victims often have concerns such as: Can I apply for a protection order before the divorce? What if I don't have enough evidence? Will it provoke the other party? In fact, the protection order process is independent and has clear time limits, which are designed to isolate risks in the first instance. Many courts in Beijing have set up special channels for family protection, and in emergency situations, victims can first report the case to the police and then apply for a protection order. For more information, please refer to the relevant rules.Divorce litigation and legal services for family disputes.

II. Key points of contention

There are five key points of controversy and practical application. Firstly, the identification of domestic violence and actual danger: It does not require that the violence has occurred repeatedly, but as long as there are circumstances indicating an actual danger, an application can be made, and the standard of proof is that there is a high possibility of the fact occurring. Secondly, evidence: Police reports, warning letters, police response records, letters of repentance, medical records, chat records, audio-visual materials, witness statements, and expert opinions on injury assessment, etc. can all be used as evidence, and the form of evidence is not limited to one type. Thirdly, the relationship between protection orders and divorce litigation: The application does not require the initiation of divorce litigation, and it can be applied for separately and in advance. The two can proceed concurrently without conflict. Fourthly, the content of measures: It can prohibit the implementation of domestic violence, prohibit harassment, tracking, or contact with the applicant and their relevant close relatives, and order the respondent to move out of the applicant's residence, etc. Fifthly, the time limit and remedies: The validity period shall not exceed six months, and the application for revocation, modification, or extension can be made. If the applicant disagrees with the ruling, he/she may apply for a review once within five days from the date the ruling takes effect, and the execution of the ruling shall not be suspended during the review period.

III. Professional analysis by Henglue Law Firm

A case handled by Henglue Law Firm illustrates the path of protection for victims of domestic violence: Li Xiang and Li Li met in December 2015 and registered their marriage at the Civil Affairs Bureau of Xicheng District, Beijing on May 14, 2018. After marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglue Law Firm to file a divorce lawsuit. Li Li firmly opposed the divorce in court and denied domestic violence and having married a foreigner. During the litigation, the lawyer found that Li Li's divorce judgment with a Swedish man had not been recognized by Chinese intermediate courts and that her previous marriage had not been dissolved. Therefore, the claim was changed to confirming the invalidity of the marriage. Finally, the People's Court of Shunyi District, Beijing ruled to confirm the invalidity of the marriage on April 30, 2026. It should be noted that in this case, Li Xiang continuously suffered physical and mental abuse after marriage, which constitutes a typical situation of domestic violence victims. In such cases, when initiating a divorce or a lawsuit to confirm the invalidity of the marriage, or even before that, the parties can legally apply to the court for a personal safety protection order independently - the application does not require the initiation of a divorce lawsuit (Article 1 of the "Regulations on the Application of Law in Handling Cases of Personal Safety Protection Orders" issued by the Supreme People's Court on August 1, 2022). Police records, hospital diagnosis certificates, chat records, letters of repentance, etc. can all be used as evidence. The protection order addresses immediate safety concerns, while the divorce or marriage invalidation lawsuit addresses the dissolution of the relationship. The two are independent and parallel to each other. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 2 (Definition of Domestic Violence), Article 23 (Applicants and Agents for Applications), Article 24 (Written Applications, with Oral Applications Possible in Special Circumstances), Article 25 (Jurisdiction of the Basic People's Courts in the Applicant's or Respondent's Residence or the Location of the Domestic Violence Incident), Article 27 (Three Conditions for Issuing Protection Orders), Article 28 (Time Limits of 72 Hours and 24 Hours), Article 29 (Types of Protection Order Measures), Article 30 (Validity Period Not Exceeding Six Months), Article 31 (One Review Request Within Five Days), and Article 34 (Legal Consequences of Violating Protection Orders) of the "Law of the People's Republic of China on the Prevention and Combating of Domestic Violence" (effective March 1, 2016); and Article 1 (Application Not Conditional on Filing a Divorce Lawsuit) and Article 6 (Types of Evidence and the Standard of "High Probability") of 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). Action List: 1. Report the violence to the police immediately and keep the receipt; seek medical treatment for injuries promptly. 2. Submit a written application to the basic people's court in the applicant's or respondent's residence or the location of the domestic violence incident (oral applications are possible in special circumstances). 3. Organize police records, medical certificates, chat records, etc. according to the evidence list. 4. Request the court to review the application within 24 hours in emergency situations. 5. If continued protection is needed after the protection order expires, apply for an extension. For details, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Advice

The timeliness of protection orders is crucial. Surveillance has a coverage period, chat records may be deleted, and witnesses' memories may fade over time. Reporting the case to the police, seeking medical treatment, and preserving evidence immediately after the violence occurs are far more effective than remedying the situation after the fact. There are two easily overlooked points: First, the validity of protection orders does not exceed six months. If protection is still needed before they expire, it is necessary to apply for an extension or reapply in a timely manner. Second, if the other party violates the protection order, they should immediately report the case to the police and preserve the evidence. The court may, in accordance with Article 34 of the Anti-Domestic Violence Law, give a warning, impose a fine, or detain the violator. If the violator constitutes a crime, criminal responsibility shall be investigated in accordance with the law. If the victim is unable to apply for protection orders due to coercion or intimidation, close relatives, public security organs, women's federations, etc. may apply on their behalf. For more details, please consult the relevant authorities.Beijing Henglu Law FirmA professional lawyer.

VI. Frequently Asked Questions

Q1: When applying for a protection order, will the court generally grant it?

If the legal conditions are met and the evidence demonstrates a high degree of probability, the court shall accept the case and may issue a protection order. There are three conditions: a clear respondent, specific requests, and circumstances of being subject to domestic violence or facing a real risk of domestic violence; the court applies a higher standard of proof, which is lower than the general civil litigation standard, to review the facts of domestic violence. Whether the case will be supported depends on whether the evidence is sufficient. The court's findings in the case shall prevail. Lawyers cannot guarantee the outcome on their own, but promptly calling the police, seeking medical treatment, and preserving evidence can significantly increase the success rate.

Q2: What evidence do I need to prepare when applying for a protection order?

Evidence can be organized around the following categories: alarm records, response records, and receipts of alarms; warning letters and administrative punishment decisions issued by public security organs; hospital diagnosis certificates, medical records, photos of injuries, and opinions on injury assessments; repentance letters and guarantee letters issued by the other party; audio and video recordings and photos documenting the process of violence or threats; communication records such as text messages and WeChat messages; records of complaints and requests for help submitted to units, neighborhood committees, women's federations, and relief organizations; witness statements from relatives, neighbors, etc.; and statements from minor children that are appropriate to their age and intelligence. Evidence that can corroborate each other is the most effective.

Q3: How much does it cost to apply for a protection order?

When applying for a personal safety protection order to the people's court, the case acceptance fee shall not be paid according to the standard for property cases; if the victim of domestic violence is financially disadvantaged, the people's court shall, in accordance with the law, defer the collection, reduce or waive the litigation fees (Article 19 of the Anti-Domestic Violence Law). If a lawyer is entrusted to apply on behalf of the victim, the lawyer's fee shall be determined through consultation between the parties; victims who meet the conditions and are financially disadvantaged may apply for legal aid from legal aid agencies in accordance with the law. For victims, the procedural cost is not the main obstacle, the key is to act in time.

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

After the court accepts the application, it shall issue a personal safety protection order or reject the application within 72 hours; if the situation is urgent, it shall issue the order within 24 hours. The protection order shall be valid for no more than six months and shall take effect from the date of issuance; if protection is still needed before the order expires, the applicant may apply for its revocation, modification, or extension. If the applicant is dissatisfied with the rejection of the application or the respondent is dissatisfied with the protection order, he/she may apply for a review once within five days from the date the decision takes effect, and the execution of the protection order shall not be suspended during the review period.

Q5: In an emergency situation, what should be the first step to take?

Four steps to proceed: First, immediately call 110 to report the case, request the police to respond and keep the police report; if the injury is serious, seek medical treatment immediately and keep the diagnosis certificate; Second, pay attention to your own safety and, if necessary, move out of the shared residence or seek temporary shelter; Third, submit a written application to the basic-level court where the respondent or the applicant resides, or where the domestic violence occurred, as soon as possible, stating the respondent, the specific requests and the facts of the violence. If there are real difficulties, an oral application can be made; Fourth, if the applicant is unable to apply on their own due to coercion or intimidation, let their close relatives, the public security organ, the Women's Federation, the neighborhood committee, etc. apply on their behalf. It is recommended to consult a professional lawyer at the same time to link up with divorce litigation and property protection.

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 the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.