DaWo Law Firm
Q&A regarding new PPO (Part 2)
On June 7th 2022, the 1870th meeting of the Judicial Committee of the Supreme People‘s Court (“SPC”) has issued the Provisions on Several Issues Concerning the Application of Law in Handling Cases of Personal Safety Protection Orders (the “Provisions”), with effect on August 1st 2022. The Provisions supplements and regulates the PPO system stipulated in the Anti-Domestic Violence Law.
Two weeks ago, we discussed Part 1 of the New Provisions on Personal Protection Order.
Q: What can be considered as evidence for the court to grant a PPO?
A: When applying for a PPO, the party concerned shall submit evidence that proves the applicant has a high probability of suffering from domestic violence or faces the real danger of domestic violence, and the evidence includes:
- The victim’s statement;
- The domestic violence monitory and the decision of administrative punishment issued by public security organs;
- The police records, interrogation records, inquiry records, records of police-reports received, the return receipt of the police records or any other documents issued by public security organs;
- The letter of repentance or guarantee issued by the respondent;
- The audio-visual materials recording the occurrence or resolution of domestic violence;
- Telephone recordings, text messages, instant messages, e-mails or other correspondence between the respondent and the applicant or their close relatives;
- Medical records of medical institutions;
- Records of complaints, reflex or request for assistance received by the applicant’s or the respondent’s companies, civil affairs departments, neighbor committees, village committees, the Woman’s Federation, the Disabled People’s Federation, the minors’ protection organizations, legally established organizations for seniors, organs for the relief and management, social welfare organizations against domestic violence, etc.;
- Testimonies provided by minor children in accordance with their age and intelligence, or testimonies provided by relatives, friends, neighbors and other witnesses;
- Injury identification opinions;
- Other evidence that can prove that the applicant has suffered from domestic violence or faced the real danger of domestic violence.
Q: What if the respondent does not appear in the court?
A: The actions can be taken under the PPO according to the Anti-Domestic Violence Law include:
- To prohibit the respondent from committing domestic violence;
- To prohibit the respondent from harassing, stalking, and contacting with the applicant or their close relatives;
- To order the respondent to move out of the applicant’s residence;
- Other actions that protect the personal safety of the applicant.
According to the judicial practice, the Provisions added two actions in the form of enumeration following the aforementioned “other actions that protect the personal safety of the applicant”:
- To prohibit the respondent from insulting, defaming, and threatening the applicant and the close relatives by means of telephone calls, text messages, instant messages and e-mails;
- To prohibit the respondent from engaging in activities that may affect the normal life, study and work of the applicant and the close relatives within a certain range of places where the applicant and the close relatives frequently visit, such as the residence, school, workplace, etc.
Q: What are the consequences of violating a PPO?
A: Whereby a person violates a PPO which is not serious enough to constitute a crime, this person shall be detained for no more than 15 days and be fined no more than RMB 1,000 by the People’s Court on the basis of the seriousness of the circumstances. If such a violation constitutes a crime, this person shall be investigated for criminal responsibility in accordance with the law.
Consequences of Violating the Personal Protection order
According to Article 12 of the Provisions, if the respondent, in violation of a PPO has the ability to execute the judgement or order made by a People’s Court yet refuses to do so, which complies with Article 313 of the Criminal Law of the People’s Republic of China, such person shall be convicted and punished for crime of refusing to execute judgments or orders. If the respondent also commits other crimes, such person shall be investigated in accordance with the provisions of the Criminal Law.
If you have any queries please feel free to contact us at DaWo Law Firm and our experienced lawyers are more than willing to help.
