According to Chapter V of the Anti-Domestic Violence Law of People's Republic of China (PRC), Article 33: If the perpetrator commits domestic violence and constitutes a violation of public security management, he shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34 If the respondent violates the personal safety protection order and constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the people's court shall give it a warning and may, according to the seriousness of the case, impose a fine of not more than 1,000 yuan and detention of not more than 15 days.
Article 28 After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within twenty-four hours.
Extended data
The prosecution of domestic violence is divorced from the required evidence.
1, write a divorce petition
2. Prepare the evidence needed for litigation. The evidence mentioned here mainly refers to the evidence of domestic violence, the marriage certificate, ID card, the original and photocopy of the child's household registration book or birth certificate, and related property evidence, including the original and photocopy of the real estate license.
3. Take two prepared indictments and two originals and photocopies of evidence materials to the court where the defendant's household registration is located or where both parties have lived together for more than 1 year, and go through relevant procedures in the filing court.
4. The filing court examines whether to accept the divorce case, pay the legal fees and go home and other notices.
5. After the court accepts the divorce case, it will deliver the copy of the complaint, evidence and other materials to the other party within the legal time. The court arranges the hearing time and sends subpoenas to both parties.
6. Divorce mediation is a necessary procedure stipulated by law, so if the other party agrees to divorce, the court will organize both parties to conduct divorce mediation, or organize mediation before the court session or ask both parties whether they are willing to mediate first.
Baidu Encyclopedia-People's Republic of China (PRC) Domestic Violence Law