Anti-domestic violence law came into effect and Beijing court signed the first habeas corpus. Applicants must pay attention to collecting evidence such as police records, warnings, and injury appraisal opinions when applying for a personal safety protection order to avoid violent acts that cannot be evidenced when applying. Next, let s take a look at specific cases with the editor of Hualu.com.
Personal safety protection order takes effect from the day it is made, that is, whether the personal safety protection order is served in court or not, once made, it will take effect immediately. If the respondent s violation of the personal safety protection order constitutes a crime, criminal responsibility shall be investigated in accordance with the law; if it does not constitute a crime, the people s court shall give a disciplinary order and may impose a fine of less than one thousand yuan and detention for less than 15 days according to the seriousness of the circumstances.
And if you have suffered domestic violence, you should pay attention to collecting evidence such as police records, warnings, and injury appraisal opinions of public security organs; in cases where the violence is mild and the public security organs cannot produce the above evidence, you should pay attention to keeping the hospital diagnosis certificate and inspection report Evidence such as bills, medical bills, etc., to avoid the inability to prove the violence when the applicant s personal safety protection order.
Ms. Gu, 61 years old, met Zhao in a neighboring village in 1982 and registered to marry at the end of the year. Although he gave birth to two sons, the relationship between the couple has always been bad. Zhao often scolds his wife because of a small matter. Ms. Gu called the police many times for this, but every time Zhao Mou faced the police very well and asked his wife to forgive her, but the police changed her face as soon as she left. In the end , Ms. Gu made up her mind to divorce on August 12, 2015. Just because she was working outside and did not return home to cook for her husband in time, she was severely beaten by covering her face. Ms. Gu also showed reporters a photo of her after the beating that day. In the picture, Ms. Gu s entire face was swollen, her eyes were swollen, and a five-centimeter-long open wound was on her nose. Blood stains.
After her injuries improved, Ms. Gu filed a divorce on December 25, and on February 29, 2017, she applied to the Fangshan Court for a personal safety protection order.
During the court s review, Ms. Gu submitted photos such as the injury, diagnosis certificate, medical bill and other evidence. By examining the authenticity, legitimacy, and relevance of these evidences, the court held that each piece of evidence conformed to the legal evidence form and could be verified by each other, and a complete evidence chain had been formed. During the previous trial, Zhao also recognized these evidences, and acknowledged the fact of beating his wife. The court accepted the evidence submitted by Ms. Gu and found the fact that Zhao had committed violence.
Was After being beaten in August last year, Ms. Gu moved out of her home and lived alone in a rented house. Since the couple have separated, the court made two judgments, in accordance with the actual situation, in accordance with Article 29 of the Anti-Domestic Violence Law, as appropriate: First, stop the violence, that is, prohibit the respondent Zhao from abusing, beating, etc. Forms of domestic violence. The second is the prohibition of harassment, that is, the respondent Zhao is prohibited from harassing, following and contacting the applicant Gu.