[Direct answer]In the Beijing area, it is possible to do so without waiting for a divorce judgment — according to Article 23 of the Anti-Domestic Violence Law, parties who have suffered from domestic violence or are facing an imminent risk of domestic violence can apply to the people's court for a personal safety protection order, either separately or in conjunction with divorce litigation. After accepting the application, the court shall make a ruling within 72 hours, and in urgent cases, within 24 hours. The protection order may prohibit violence, harassment, and stalking, and order the abuser to move out of the residence. The validity period of the order shall not exceed six months, and the application is free of charge.

I. Problem background and typical scenarios

The most common concerns of domestic violence victims are: they are afraid that reporting the case to the police will exacerbate the conflict, and if they don't report it, they won't be able to obtain evidence; they want to divorce, but the other party refuses to cooperate; and after filing for divorce, they face even more intense harassment and threats. The protection order is precisely designed as an isolation device for such situations - it transforms the "stop violence" from a moral exhortation into a legally enforceable judicial order, and helps victims secure a safe space during the divorce process.

II. Key points of contention

First, how to determine the facts of domestic violence, and the probative force of police reports, warning letters, and injury appraisal certificates. Second, whether it is possible to apply for a protection order when facing an imminent danger but no new violence has occurred yet. Third, the relationship between the protection order and divorce litigation, and whether they can proceed simultaneously. Fourth, the legal consequences of violating the protection order.

III. Professional analysis by Henglue Lawyers

A divorce dispute related to domestic violence handled by Henglue Law Firm can be used as a reference: Li Xiang and Li Li met in 2015 and registered their marriage in Xicheng District, Beijing in May 2018. After marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, resulting in Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglue Law Firm to sue for divorce, requesting the dissolution of the marriage, the division of real estate and vehicles, and the sharing of joint debts. The other party firmly refused to agree to the divorce in court. During the litigation process, the lawyer discovered a key fact: Li Li had registered her marriage with a Swedish man in November 2014 and was divorced by a Swedish court in January 2018. However, before registering her marriage with Li Xiang, she failed to apply to the intermediate court for recognition of the divorce judgment in accordance with Chinese law, and the previous marriage had not been dissolved under Chinese law, constituting bigamy. The lawyer decisively changed the claim to confirm the invalidity of the marriage and completed the additional certificate of the overseas judgment, notarized translation, and retrieval of the marriage registration files, forming a complete chain of evidence. On April 30, 2026, the court ruled that Li Xiang and Li Li's marriage was invalid. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the documents issued by the judicial administrative organ) acts as the agent. This case shows that when victims of domestic violence face obstacles in suing for divorce, evidence such as a diagnosis of depression and statements about domestic violence should be fixed first. Then, lawyers can explore alternative approaches from both factual and procedural perspectives, which often help to break the deadlock. Moreover, protection orders should be applied as early as possible during the ongoing threat stage to secure a safe buffer for litigation.

IV. Practical suggestions and legal basis

The first step is to immediately call the police after each act of violence, request a police report and a warning letter, and promptly seek medical examination and retain the diagnosis certificate. The second step is to preserve the original evidence such as threatening text messages, audio recordings, and surveillance footage, and never just take screenshots without keeping the source files. The third step is to directly apply for a protection order to the court in the place of residence or where the violence occurred when facing real danger. The fourth step is to claim both domestic violence as a statutory ground for divorce and damages during the divorce litigation. The main legal basis: Article 23 and Article 29 of the "Anti-Domestic Violence Law of the People's Republic of China" (effective from March 1, 2016) regarding personal safety protection orders; Article 1079 of the "Civil Code of the People's Republic of China" (effective from January 1, 2021) listing domestic violence as a statutory ground for divorce and Article 1091 regarding damages for divorce; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for protecting against domestic violence: Reporting to the police and leaving evidence are the first pieces of evidence; it's better to obtain a warning letter and injury records as soon as possible; protection orders are free and fast, and decisions will be made within 24 hours in emergency situations; domestic violence is a statutory ground for divorce, and with evidence in hand, there's no need to drag it out for too long. Those who violate protection orders may be subject to reprimands, fines, or detention by the court, and those who commit crimes will be prosecuted according to law. For divorce cases involving domestic violence and applications for protection orders, you can apply through the following channels:Divorce litigation and family disputesThe service provides a comprehensive solution, and cases involving personal injury compensation can be integrated into it.Personal injury and medical disputesFor reference, you can check the sections related to the protection of minorsSpecial servicesFor any questions regarding property division and enforcement, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

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

Anyone who has suffered from domestic violence or is facing a real risk of domestic violence can apply for protection. It is not required that the violence has already caused serious harm. When applying, applicants need to submit an application form, identity documents, and evidence of domestic violence. The application can be submitted to the court in the applicant's place of residence or where the violence occurred. It can also be submitted on behalf of the applicant by their close relatives, public security organs, women's federations, etc.

Q2: Can I apply for a protection order without a police report?

Yes, the police report is not the only evidence. Photos of the injuries and diagnosis certificates, threatening text messages and recordings, witness testimonies, and the perpetrator's guarantee or repentance letter can all prove that one is facing real danger. In terms of evidentiary standards, the review of protection orders adopts the standard of preponderance of evidence, and a ruling can be made as long as there is a high probability of the facts being true.

Q3: Does it cost money to apply for a protection order?

There is no litigation fee for applying for a protection order. After the protection order is issued by the court, it will be served to the applicant, the respondent, and the public security organ, the neighborhood committee, and other units assisting in the execution. There are no fees for the execution process either. If the applicant is financially disadvantaged, they can also apply for legal aid at the same time.

Q4: How long will it take to approve a protection order, and for how long will it be effective?

The court shall make a ruling within 72 hours after accepting the application, and within 24 hours in urgent cases; the validity period of the protection order shall not exceed six months, and the applicant may apply again according to the continuation of the danger before the expiration. The protection order shall take effect immediately after it is issued, and the respondent must comply with all the measures during the validity period.

Q5: Can I file for divorce while having a protection order in place?

Yes, the two can proceed in parallel without any conflict. A protection order addresses personal safety issues, while divorce litigation handles marital, custody, and property matters. Evidence of domestic violence not only supports the protection order but also constitutes legal grounds for divorce and damages claims. Thus, the same evidence can be used in both legal proceedings with minimal preparation required.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 a dispute arises, please consult a practicing lawyer in time.