After marriage, she was beaten many times, and her husband threatened to make her "die ugly"

A woman in Nanjing successfully applied for habeas corpus

  The personal safety protection order is a "firewall" to stop domestic violence.

Recently, the People’s Court of Nanjing Jiangbei New District issued a ruling to issue a habeas corpus for a woman who was a victim of domestic violence, prohibiting the woman’s husband from stalking, harassing, and beating her.

  The Ziniu News reporter of the Yangtze Evening News learned that habeas corpus can not only protect victims of domestic violence, but Nanjing medical staff can also apply to the court when they are subjected to unlawful assaults or face real danger of unlawful assaults.

  Yangtze Evening News/Ziniu News reporter Wan Chengyuan

Woman was domesticated

Application for protection order is supported by the court

  Yang Min and Zhao Wei got married in 2019. One night in January this year, the two had a dispute over trivial matters in family life. During their quarrel, they caused physical conflict and fought each other.

  Yang Min claimed that the other party beat him many times after getting married. Not only that, but Zhao Wei also threatened him and his relatives through multiple numbers and multiple platforms, saying that he would "die ugly", and repeatedly blocked his own response. The way home.

She believes that Zhao Wei’s behavior complies with the relevant provisions of the Anti-Domestic Violence Law, so she applied for habeas corpus to the Jiangbei New District Court to prohibit the respondent Zhao Wei from committing domestic violence; Zhao Wei is prohibited from harassing and stalking herself, relatives and friends .

  After review, the Jiangbei New District Court held that husbands and wives should emphasize mutual love, mutual understanding and accommodation, communicate and communicate in a civilized, equal and friendly manner, properly handle family conflicts, and prohibit family members from harassing, stalking, beating, and Bound, mutilate, restrict personal freedom, frequent abuse, intimidation, etc. to commit physical and mental violations.

When the respondent Zhao Wei had a conflict with the applicant Yang Min, he could not handle the conflict between the husband and wife calmly and rationally. Instead, he used violent beatings, which put the applicant Yang Min in real danger of domestic violence, so the applicant Yang Min The requirements of the applicant's personal safety protection order comply with the law and the court supports it.

If the ban is violated, criminal responsibility can be pursued if the circumstances are serious

  The reporter noticed that the Jiangbei New District Court made a ruling in accordance with the Anti-Domestic Violence Law on the day when Yang Min applied for habeas corpus.

According to the ruling, Zhao Wei, the respondent, is prohibited from stalking, harassing, or beating the applicant Yang Min.

  The reporter learned that the ruling is valid for six months from the date it is made.

Before the personal safety protection order expires, the people's court may revoke, modify or extend it based on the applicant's application.

If the respondent is dissatisfied with the ruling, it may apply to this court for a reconsideration within five days from the effective date of the ruling, but the execution of the ruling shall not be suspended during the reconsideration period.

  So, what kind of responsibility will Zhao Wei bear if he violates the above prohibition?

According to the judge, once such a situation occurs, the court will give admonishment in accordance with the provisions of Article 34 of the Anti-Domestic Violence, and may impose fines and detention according to the severity of the circumstances; if a crime is constituted, criminal responsibility shall be pursued according to law.

  The reporter noticed that the appendix to the ruling also stated, “When you encounter domestic violence, please call 110 as soon as possible to report to the police or complain, report, or seek help from your work unit, neighborhood (village) committee, women’s federation, etc. Pay attention to retaining relevant evidence."

Nanjing medical staff can also apply for habeas corpus

  According to reports, in recent years, two-level courts in Nanjing have accepted divorce disputes, of which about 10% involved domestic violence.

On March 1, 2016, the "Anti-Domestic Violence Law" was officially implemented, which stipulated the personal safety protection order.

  According to the data in November 2020, since the implementation of the Anti-domestic Violence Law, courts in Nanjing have issued more than 240 habeas corpus.

Among them, the vast majority are applications for female spouses.

  In fact, the personal safety protection order is not only a "firewall" built by the people's court to block domestic violence, it can also ensure the smooth implementation of epidemic prevention and treatment work by medical institutions, maintain the life safety and personal dignity of frontline medical staff, and maintain medical order.

  On February 19, 2020, Nanjing Intermediate People's Court issued the "Ten New Regulations."

According to regulations, criminal clues such as violent injuries to doctors, insults and slanders of medical personnel discovered in the trial of medical disputes should be immediately transferred to the public security organs.

When medical staff suffer from illegal infringement or face the actual danger of illegal infringement, they can apply to the people’s court for a personal safety protection order in accordance with the relevant provisions of the Civil Procedure Law. After review, the people’s court shall issue a personal safety protection order within 48 hours. The protection order is executed immediately.

  (The party in the text is a pseudonym)