[Direct answer]In the Beijing area, you can first apply for a personal safety protection order and then proceed with the divorce. The two processes can run concurrently. According to Article 23 of the "Anti-Domestic Violence Law of the People's Republic of China" (adopted on December 27, 2015 and implemented on March 1, 2016), if a party applies to the people's court for a personal safety protection order due to domestic violence or the real danger of domestic violence, the people's court shall accept the application. The measures specified in Article 29 include prohibiting the respondent from committing domestic violence, prohibiting the respondent from harassing, tracking, or contacting the applicant and their close relatives, and ordering the respondent to move out of the applicant's residence. According to Article 1079 of the "Civil Code of the People's Republic of China" (adopted on May 28, 2020 and implemented on January 1, 2021), if domestic violence or abuse or abandonment of family members occurs and mediation fails, the divorce shall be granted. Article 1091 stipulates that if the divorce is caused by domestic violence, the innocent party has the right to request compensation for damages. In practice, police reports, domestic violence warning letters, injury appraisal opinions and diagnosis certificates, and community and neighbor testimonies are all key evidence for applying for protection orders and claiming divorce damages.

I. Problem Background and Typical Scenarios

The greatest concern of victims of domestic violence is often not whether they can divorce, but whether they will face even more severe retaliation after filing for divorce. This fear is based on reality: in practice, there are indeed cases where the respondents harass, stalk, or even commit further violence during the litigation process. Therefore, the arrangement of safety measures should precede and accompany the divorce proceedings, rather than waiting until after the judgment. Common scenarios include: long-term suffering from beatings but lacking evidence, being restricted in personal freedom or having their phones seized, being too afraid to report the violence due to threats and intimidation, and worrying that the other party will blackmail them with their children or relatives. The Beijing area courts handle and issue personal safety protection orders in a more standardized manner, and those who meet the conditions can generally obtain them in a timely manner.

II. Key points of contention

Firstly, the application conditions and measures of the protection order include both having suffered from domestic violence and facing the real danger of domestic violence. The measures cover prohibiting violence, prohibiting harassment and stalking, and ordering the removal from the residence, etc. Secondly, the preservation of evidence is necessary. Police reports, warning letters, injury examination and diagnosis materials, audio and video recordings, chat records, and witness testimonies all need to be preserved in a timely manner. Thirdly, the connection with the divorce proceedings. The protection order does not depend on the divorce litigation and can be applied for separately, or claimed together with the divorce litigation. Fourthly, divorce damages compensation. If the divorce is caused by domestic violence, the innocent party has the right to request damages compensation, and the amount shall be determined by the court at its discretion. Fifthly, the arrangements for children and residence. When dealing with custody and residence issues, they should be considered together with the protection order measures to avoid the situation that "personal safety is guaranteed but there is no place to live".

III. Professional analysis by Henglue Lawyers

In the marital and family cases handled by Henglue Law Firm, we usually prioritize personal safety on an equal or even higher level than property and children. Taking an international divorce case as an example: Both parties were foreign nationals who had lived in Beijing for a long time. Due to their nationality, they were unable to register their divorce through the civil affairs department and had to resort to litigation. After confirming that Chinese courts had jurisdiction, Attorney Xiong Binrong assisted in preparing identity certificates, marriage relationship certificates, and property ownership materials. Through court-mediated settlement, the marital relationship and property arrangements were resolved in one go, avoiding the continuous emotional exhaustion and security risks caused by long-term confrontation. This case shows that solving problems through litigation procedures is itself a safety strategy: once the procedure is initiated, the boundaries of actions and consequences become clear, which in turn helps to restrain the other party's inappropriate behavior. In practice, we recommend taking a combination of measures: first, report to the police and apply for a warning letter to fix the evidence, then apply for a personal safety protection order as soon as possible; if necessary to dissolve the marriage, simultaneously file a divorce lawsuit and claim damages; regarding the arrangement of residence and children, clarify it in the protection order and divorce plan. The relevant procedures can be referred toDivorce litigation and family disputesFor practical experience involving personal injury and injury assessment, it can be handled according to the following procedures:Personal injury and medical disputesThe purpose of this article is to provide a fixed framework for medical evidence. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local adjudicative principles and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 2, 13, 15, 16, 23, 29, and 33 of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016), and Article 1079 and Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021), it is recommended to follow a five-step action plan: 1. Ensure personal safety. If necessary, immediately call the police or go to a temporary shelter, and avoid having a confrontation with the perpetrator alone. 2. Collect evidence. Keep the police report and response records, request a domestic violence warning letter, seek medical treatment promptly, and apply for an injury assessment. 3. Apply for a personal safety protection order from the people's court as soon as possible. In urgent cases, you can apply for an expedited issuance. 4. Simultaneously file a divorce lawsuit and claim damages. For property-related matters, apply for preservation measures. 5. Make appropriate arrangements for child custody and living arrangements. For cases involving the simultaneous resolution of residence and property division issues, refer to relevant provisions.Property sales and construction projectsThe experience of China in terms of living and ownership arrangements; the overall plan needs to be coordinated, which can be achieved throughSpecialised legal servicesArrange it.

5. Henglu Law Firm's Advice

Safety first, procedures second, emotions third. Three reminders: First, don't give up on calling the police just to save face. The police report is not only the basis for a protective order but also key evidence for divorce damages; Second, don't negotiate with the other party alone or move back to the shared residence when you're emotionally upset. Safety always comes first; Third, protective orders are not infallible. Those who violate protective orders can be held legally accountable, but it's still necessary to stay vigilant and maintain channels for seeking help.Beijing Henglu Law FirmIt is recommended to formulate a safety plan before launching any program, specifying the people to whom you can seek help, temporary shelters, and emergency contact information.

VI. Frequently Asked Questions

Q1: What are the requirements for applying for a personal safety protection order?

This includes both those who have already suffered from domestic violence and those who are facing a real risk of domestic violence. The parties concerned can file an application with the people's court. After accepting the application, the court will review it in accordance with the law and make a ruling. The measures include prohibiting violence, prohibiting harassment and tracking to contact the applicant and his/her relevant close relatives, and ordering the removal from the residence, etc.

Q2: What evidence do I need to prepare?

The more complete the evidence is, the more beneficial it will be, including the police report and the record of the police's response, the domestic violence warning letter, the injury appraisal opinion and the hospital diagnosis certificate, the injury photos, the audio and video recordings, the WeChat chat records, the witness statements from the community or neighbors, and other materials that can reflect long-term conflicts.

Q3: How much does it cost to protect one's rights?

Applicants generally do not need to pay fees for personal safety protection orders; divorce litigation fees are calculated based on the amount of the claim, with each divorce case costing between 50 yuan and 300 yuan. For cases involving property division with a total value exceeding 200,000 yuan, fees are paid proportionally. Lawyer's fees are determined based on the amount of the claim or negotiated at each stage, with the terms agreed in the contract prevailing.

Q4: How long does it take from applying to getting the visa issued?

After accepting the application, the people's court shall make a ruling within the statutory time limit, and shall make a ruling as soon as possible if the situation is urgent. The divorce litigation generally concludes within three months under the simplified procedure, and within about six months under the ordinary procedure. If the divorce is caused by domestic violence and the mediation is ineffective, the divorce shall be granted.

Q5: What should I do first?

First, ensure your own safety and immediately call the police, request a police report and a warning letter, seek medical treatment promptly, and keep the diagnosis and injury materials; then apply for a personal safety protection order as soon as possible, initiate divorce proceedings and claim damages, and apply for property preservation simultaneously if necessary.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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.