The scope of application of personal safety protection orders: The Anti-Domestic Violence Law draws on foreign civil protection order systems, summarizes the personal safety protection pilot experience of some regional people's courts, and establishes a personal safety protection order system. The law stipulates that if a party suffers from domestic violence or faces actual danger of domestic violence and applies for a personal safety protection order, the people's court shall accept it. If the party concerned is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, village committees, and rescue management agencies can apply on their behalf. Applications for habeas corpus must be made in writing. If you have difficulty applying in writing, you can apply orally. Personal safety protection order cases shall be under the jurisdiction of the basic people's court where the applicant or respondent is domiciled. The grassroots people's court where domestic violence occurs can have jurisdiction over personal safety protection order cases. A personal safety protection order shall be issued by the people's court in the form of a ruling. The law also stipulates that the following conditions should be met for the issuance of a personal safety protection order: There is a clear respondent. There are specific requests. Where there is a victim of domestic violence or there is an actual risk of domestic violence. The law stipulates that after accepting an application, the People's Court shall issue a personal safety protection order or reject the application within 72 hours. In urgent cases, it should be issued within 24 hours. After the people's court issues a personal safety protection order, it shall be served on the applicant, the respondent, the public security organs, and relevant organizations such as residents' committees and villagers' committees. Personal safety protection orders shall be executed by the People's Court, and the public security organs, residents' committees, and villagers' committees shall assist in the execution. A personal protection order may include the following measures: Prohibiting the respondent from committing domestic violence. The respondent is prohibited from harassing, stalking or contacting the applicant and his or her close relatives. Order the respondent to vacate the applicant's residence. Other measures to protect the personal safety of the applicant. The law stipulates that if the applicant or the respondent is dissatisfied with the personal safety protection order or the rejection of the application, they can apply for reconsideration once. The execution of the writ of habeas corpus shall not be suspended during the period of reconsideration. A writ of habeas corpus is valid for a period not exceeding six months and takes effect from the date of issuance. Before the validity period of the personal safety protection order expires, the people's court may revoke, change or extend it based on the victim's application. If the respondent violates the personal safety protection order, the people's court shall give him a reprimand, and may impose a fine of not more than 1,000 yuan or a detention of not more than 15 days, depending on the severity of the case. If the respondent violates the personal safety protection order and constitutes a crime, he shall be held criminally responsible in accordance with the law. If a party concerned applies to the People's Court for a personal safety protection order because he has suffered domestic violence or faces the actual danger of domestic violence, the People's Court shall accept the application. If the party concerned is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his or her close relatives may apply on his behalf.
How long is the protection period of a personal safety protection order and how is it stipulated by the law?
The validity period of a personal safety protection order shall not exceed 6 months and shall take effect from the date of issuance. According to Section 30 of the Domestic Violence Act, a personal safety protection order is valid for a period not exceeding 6 months and takes effect from the date of issuance. Before the validity period of the personal safety protection order expires, the people's court may revoke, change or extend it based on the applicant's application. According to Article 32 of the Anti-Domestic Violence Law, after the people's court issues a personal safety protection order, it shall be served on the applicant, the respondent, the public security agency, and relevant organizations such as residents' committees and villagers' committees. The people's court is responsible for enforcing this protection order, and the public security organs, residents' committees, and villagers' committees should assist in the execution.
I hope the above questions can be helpful to you. If you have other legal questions, please consult a professional lawyer.
Legal basis: "Article 34 of the Anti-Domestic Violence Law of the People's Republic of China" If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; it does not constitute a crime If the case is serious, the people's court shall give a warning and may impose a fine of not more than one thousand yuan and a detention of not more than 15 days according to the seriousness of the case.