[Direct answer]In the event of domestic violence, victims can directly apply to the court for a personal safety protection order without first filing for divorce or paying application fees. According to Articles 23 and 28 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), victims who have suffered domestic violence or face an imminent risk of domestic violence can file a written application with the basic-level people's court in the applicant's residence, the respondent's residence, or the location where the domestic violence occurred. In urgent cases, the court shall make a ruling within 24 hours, and in other cases, it shall make a ruling within 72 hours. According to Article 29, the validity of the protection order shall not exceed six months, and it may be extended before expiration. The core evidence includes the police report, the domestic violence warning letter, the injury appraisal opinion, the medical records, and the threatening chat records. If the victim is unable to apply for the protection order due to coercion or intimidation, close relatives, public security organs, women's federations, neighborhood committees, etc. may apply on their behalf. The protection order only addresses personal safety issues. Matters related to divorce, custody, and property shall still be claimed separately.

I. Legal basis and interpretation of provisions

1. Articles 23, 28, and 29 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016)

Article 23 establishes the independent procedural status of protection orders: Where a party applies to the people's court for a personal safety protection order due to domestic violence or facing an actual risk of domestic violence, the people's court shall accept the application; where the party is a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or unable to apply on their own due to coercion, intimidation, etc., their close relatives, public security organs, women's federations, residents' committees, etc. may apply on their behalf. The legislative purpose of this article is to free protection from being an "accessory to divorce" — applicants do not need to file a lawsuit for divorce first. Article 28 sets a time limit for review: After the people's court accepts the application, it shall make a ruling within 72 hours; where the situation is urgent, it shall make a ruling within 24 hours. Article 29 clarifies that the validity period of a protection order shall not exceed six months, taking effect from the date of issuance, and may be applied for revocation, modification, or extension before expiration. There are two key points of application: First, the jurisdictional court is the basic people's court of the applicant's residence, the respondent's residence, or the location where the domestic violence occurred, with one of the three being selected; Second, the burden of proof does not require demonstrating "that certain harm has already occurred," but only requiring proof of facing an actual risk.

2. Articles 34 and 37 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016)

Article 34 stipulates that if the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, the people's court shall give him a warning and may, according to the seriousness of the circumstances, impose a fine of not more than 1,000 yuan or detention of not more than 15 days. This article is the "tooth" of the protection order: its value lies in restraining the perpetrator through judicial coercion. Article 37 extends the scope of application to people living together outside of family members, including violence between cohabiting partners and those who still live together after divorce.

3. The interpretation of the case by the actual adjudicators

From the review standards of Beijing district courts, protection order cases exhibit the characteristics of "fast trial and fast adjudication, with written review as the main method". Most cases do not hold hearings or organize cross-examinations between the parties. The court usually reviews three aspects: whether there is an identity relationship or a cohabitation relationship; whether there are objective evidence such as police reports, warning letters, and injury materials; and whether the threats are realistic and urgent. Typical situations of actual support include: having police reports with injury photos attached, having family violence warning letters issued by public security organs, having continuous and repeated threatening chat records, and having witness testimonies or statements from minor children that corroborate each other. Typical situations of non-support include: only having personal statements without objective evidence; and applying for protection orders in an overly general manner. Protection order measures generally include prohibiting domestic violence, prohibiting harassment and stalking, and ordering the removal from the residence. The more specific the request is, the easier it is to implement.

II. Practical Experience of Henglue Law Firm

Beijing Henglue Law Firm has long been handling cases involving marital and family disputes and personal safety protection orders. In practice, we have observed that the greatest obstacle for domestic violence victims in seeking justice is often not the law itself, but rather the "lack of evidence and missed deadlines". Many victims choose to tolerate the violence or settle the matter privately after the initial conflict, only to report the case to the police when the conflict escalates again. By that time, the initial injuries have become impossible to verify, and the police report becomes the only piece of evidence. More commonly, victims are delayed by the misunderstanding that "they must first divorce before applying for a protection order". In reality, the two processes are independent of each other, and proceeding along separate tracks can often be more efficient.

Judging from the judge's review tendencies, the success or failure of protection order cases largely depends on the collection of evidence within the first 72 hours. The core work of Henglue Lawyers in such cases is to guide clients to complete the evidence loop when they first report the case to the police: call 110 and request a receipt for the police's handling of the case or a receipt for accepting the case; apply to the public security organ for a domestic violence warning letter; go to a qualified institution for a forensic examination and obtain a forensic evaluation opinion on the same day or the next day; and fully preserve the original carriers of threatening text messages, WeChat messages, and call recordings. There are three pitfalls that clients are most likely to fall into: first, destroying chat records by "negotiating" with the other party on their own; second, calling the police multiple times but never requesting a written receipt; third, writing only general demands in the application without distinguishing specific measures such as prohibiting violence, prohibiting harassment and stalking, and ordering the eviction from the residence. If you are in such a situation, you can first seek help from Henglue Lawyers.Family Dispute TopicFirst, understand the process of handling the case, and then make an appointment for a face-to-face consultation to assess the status of the evidence.

III. Frequently Asked Questions

Q1: Do applicants for personal safety protection orders have to file for divorce first? Do they need to pay a fee?

No, it's not necessary. According to Article 23 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective March 1, 2016), a protection order is an independent procedure. The applicant does not need to file a divorce lawsuit as a prerequisite, and there is no need to pay application fees according to the law. In practice, it's common to "first apply for a protection order to secure personal safety, and then evaluate whether to initiate a divorce lawsuit". If a divorce is indeed pursued later, the protection order ruling, as well as the underlying police report and warning letter, can all serve as important evidence to prove that the marital relationship has broken down and that there has been domestic violence. For those who need to handle both divorce and custody matters, they can refer to our firm for assistance.Family Disputes Special Topic.

Q2: What materials do I need to prepare for the application? How long will it take to receive the decision?

The materials are divided into three categories: first, proof of identity and relationship, including ID cards, marriage certificates or household registration books, and proof of residence; second, an application form stating the basic information of both parties, the facts of violence, and specific requests; third, evidence, including police reports, warning letters, injury appraisal opinions, medical records and diagnosis certificates, injury photos, and threatening chat records or audio recordings. According to Article 28 of the same law, the court shall make a ruling within 72 hours after accepting the case, and in urgent cases, it shall make a ruling within 24 hours.

Q3: How long is the validity period of a protection order? What should I do if it expires?

According to Article 29 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), a personal safety protection order is valid for no more than six months and takes effect from the date it is issued. Before it expires, the applicant may apply to the people's court that issued the order for its revocation, modification, or extension. It is recommended to submit an application for extension 15 to 30 days before the expiration date to avoid a protection gap. If the six-month period expires and the other party continues to harass or stalk you, you can also reapply after new acts of violence or threats occur. The original police reports and warning letters can be submitted together to prove the continuity of the threats.

Q4: What are the consequences of violating a protection order? Can I request the court to impose a penalty on my own?

There are clear consequences. According to Article 34 of the same law, if the respondent violates the personal safety protection order and constitutes a crime, he/she shall be investigated for criminal responsibility according to law; if he/she does not constitute a crime, the people's court shall give him/her a warning and may, according to the seriousness of the circumstances, impose a fine of not more than 1,000 yuan or detention of not more than 15 days. If the applicant finds that the other party violates the protection order, he/she shall immediately report the case to the police and submit a written reflection to the court that made the ruling, attaching specific evidence such as time, place and method. The court shall directly initiate the warning, fine or detention procedure. The initiation of sanctions depends on evidence, so every violation must be accompanied by a police report or verifiable video materials.

Q5: Can a protection order be applied for in a cohabitation relationship or after a divorce, when the parties still live together?

Yes. According to Article 37 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), acts of violence committed between people who live together outside of family members shall be implemented in accordance with the provisions of this Law. This means that violence between cohabitating couples who have not registered their marriage and people who continue to live together after divorce can also apply for personal safety protection orders. In practice, it is necessary to explain the facts of cohabitation to the court, such as the shared living address, utility payment records, and witness statements from neighbors. Jurisdiction can be selected from the basic people's courts in the applicant's residence, the respondent's residence, or the location where the domestic violence occurred, whichever is most convenient. For more application procedures, please refer to our firm's website.Family Dispute Topic.

IV. Advice on Protecting Rights and Interests

  • When encountering violence for the first time, you should call 110 and request a receipt for the police's handling of the case or a receipt for accepting the case. At the same time, you should apply to the public security organ for a family violence warning letter, which are the two most crucial documents for applying for a protection order.
  • On the same day or the following day, go to a qualified institution to have your injuries examined and keep your medical records, diagnosis certificates, and photos of your injuries. Never give up on seeking an appraisal just to avoid "airing your family's dirty laundry". The longer you wait, the harder it will be to document your injuries accurately.
  • Keep the original carriers of WeChat, text messages, call recordings, etc. intact, do not delete or forward them for compression. If necessary, preserve the evidence or have it notarized to avoid the loss of crucial evidence.
  • When writing the application, make your requests specific: prohibit domestic violence, prohibit harassment and stalking against the applicant and their close relatives, and order the removal of the applicant from their residence. The more specific your requests are, the easier they will be to implement.
  • The validity period of a protection order shall not exceed six months. The applicant should apply for an extension before the expiration of the order and simultaneously assess whether to initiate divorce proceedings and claim custody rights and property rights at the same time.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Divorce Litigation | Legal Services for Family Disputes·Beijing Henglue Law Firm

For further reading: For issues such as the custody of children in divorce, the division of property, and compensation for fault, you can refer to the following resources for more information.Family Disputes Special TopicPlease check the relevant practical content in more detail.