My husband beats me every day. Can I apply for habeas corpus according to the anti-domestic violence law?
My husband often goes out to drink, drink and gamble. If he drinks or loses money, he will hit me when he comes home. It is said that the country has enacted laws on domestic violence and issued habeas corpus according to the anti-domestic violence law. I just want to ask, can I apply for habeas corpus under the domestic violence law?
Shandong-Laiwu 2018-09-18 20:14: 50938 visits
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Hu Xuefeng Lawyer Jiangsu-Suqian
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Hello, according to what you said, you can really apply for a legal person anti-domestic violence habeas corpus. The writ of habeas corpus against domestic violence is a civil ruling. When a victim is subjected to violence by a family member, he can ask the court to make a ruling. The contents of the ruling include prohibiting the respondent from beating, threatening the applicant or the applicant's relatives and friends, and requiring the respondent to temporarily move out of the same residence. If your husband violates it, he will be investigated for criminal responsibility.
20 18-09- 18 20: 16:560
Zhou Xiuqiang Lawyer Jiangsu-Suqian
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Hello,
Personal safety protection order is a civil compulsory measure and civil ruling made by the people's court to protect the personal safety of domestic violence victims, their children and specific relatives.
The Domestic Violence Law of People's Republic of China (PRC), which came into effect on March 16, 2006, has detailed provisions on this.
I. Application of Personal Safety Protection Order
If a party applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence, the people's court shall accept it. If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or 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, villagers' committees and relief management agencies may apply on his behalf.
Personal safety protection order can be applied for, without guarantee or money. You can file for divorce without going through the procedure or suing.
When one party files a divorce lawsuit for domestic violence, it is suggested to apply for a writ of habeas corpus at the same time.