[Personal protection order] Did the woman suffer a domestic protection order from the applicant?
Guide: The germination of the state of affairs has begun again. In February this year, the woman was able to be beaten again by her husband. It was really unbearable. He chose to call the police and went back to his family. Hui's mother's family has gone, but this person did not catch up, but she continued to intimidate and harass her through WeChat. By August, the whole family could not bear his harassment. Okay, so, my family accompanied the lady, and the court applied for a personal safety protection order. When I saw this case, I remembered a consultation call we had received.
The habeas corpus applied for the habeas corpus was a woman who had been married for five years. Her husband had been scolding them for right or wrong. He had threatened them with knives. Some people used to persuade Lianquan to beat him and beat him with ribs Broken bones, broken sternum, and family members have to accompany her when she is hospitalized. When this woman's father is there, her husband goes.
It ’s too violent for even the old man to hit the computer together. It ’s as if the police station has reported the situation and reported to the police. The police station has also done ideological work and mediation work as long as it is in this situation. When the police station arrived, he began to vowed that he would never be in the future again. He also wrote a guarantee or something, but what? It wo n’t take long for the germination to start again. In February of this year, this The lady was able to be beaten again by her husband. She couldn't bear it anymore. He chose to call the police and hid back to her maid's house. When the maiden's house went, the man did not catch up, but kept on WeChat. She was intimidated and harassed, and by August, the whole family could not stand him. Okay, so, the family accompanied the lady, and the court applied for a personal safety protection order. When I saw this case, I remembered that we had received a consultation phone call. Without consulting the phone, I felt a little guilty, because there was no better way to help her solve the situation at home, that person was one.
The old father's son-in-law who consulted his daughter also had domestic violence and was able to hit someone, which was quite serious. At that time, he called to consult, just to ask if there was any way to restrict the other party? Give her some ideas, including this popular safety protection order. This method also helped her think about it, but there was always a concern. I called the police and the police came to persuade me. Ask me to apply for this protection order. What role does he say he can protect? This is a story of many people. If you annoy the other person, he may turn back to revenge even more and make it worse, so add to this matter. If you do not use coercive measures to restrict it, it is really difficult to solve it. Today, I am talking with lawyer Wang about domestic violence. In fact, it is not just salted fish. There are adults, children, children, and the elderly between the husband and wife. This all belongs to the scope of domestic violence. Let ’s discuss whether there is a real and effective way to stop the domestic violence of each other. Why? Let ’s start with the personal safety protection order. What is the point? This protection is actually a kind of protection for people.
One of the rulings of this protection came in the form you said was a civil coercive measure, in order to protect the personal safety of the victim of domestic violence, or his children and specific relatives, and to ensure that the proceedings in the marriage case are normal He made a civil ruling on this personal safety protection order, which actually came into effect on March 1, 2016. The provisions in this anti-domestic violence law have a source of development. Perhaps many respectful friends have such an impression. If we talked about two couples fighting before, whether it be men or women or women or men or Older children, or beating the elderly, etc. If the victim reports to the police, the police may be on the scene. Where are you in a similar situation? When you look at the conflicts at home, you can discuss it yourself! We ca n’t manage this. Because you see how we manage? Hard indeed, they do have their own difficulties and difficulties, especially fighting between two couples, maybe today, how about tomorrow? So in my opinion, almost all police stations received similar reports. They will not come to take any kind of measures, at most it is a regulation. In fact, this kind of behavior? He is indeed an instigator of domestic violence, so he said that in the face of this situation.
The situation was on December 27, 2015. The National People's Congress passed the Anti-Domestic Violence Law of the People's Republic of China. It was implemented on March 1, 2016. Many people question this situation. You see this unanimous ruling what he can do, ruling that you did something wrong, but how do you really limit the other party ’s behavior? This is a question of implementation. Many people say that you ca n’t see it. 24 Hours look at me, yeah, after such a ruling? I just do n’t listen, what can you do with me? Actually, there are ways. First of all, let ’s discuss what is the nature of life safety protection? First of all, this is a legal act. The ruling made by the court is equivalent to what is equivalent to the law. You must abide by it. If you do not comply, there will be corresponding measures to rule it. It ’s up to you, do n’t tell me, after the personal safety protection order, you still harass the victim. At this time, the victim can report to the police. After the report, the detainee or other punishment measures will be taken against the restricted person The tit protection made him stipulated in the anti-domestic violence law. Does that mean that as long as the violence between family members can come to the applicant's safety?
A protection order protects himself. He said that when a person suffers from domestic violence or is facing a real danger of domestic violence, we can tell from this legal provision that he is within the scope of the family, such as It is said that it is two strangers who are other people, that is, people outside the family, whether you fight or animals, etc. He has the management punishment law, criminal law, etc. He has adjusted these laws. , But it is. It is because of the historical background and cultural background of our country that many people think that the family is a place outside the law. You still care about my family's affairs, and you know what the two of us are doing. , Especially girls, some police officers who are out of the police are relatively young, you have n’t bothered, you know what it means to live with two couples, huh, huh, actually I have encountered a similar situation, so I said. There were many similar situations before, and there was no way to deal with the promulgation of the Anti-Domestic Violence Law. It is against this situation that similar problems have been solved. This personal safety protection order is the party that needs to be protected and applies in court. For normal, it should be a written application, but you can also apply verbally if you have difficulty. If this person is not convenient to apply, ask other people to act as stars.
There is no problem, then the next is a more critical issue. If the court issued such a ruling and approved another person to be a security protection order, how much can it do? What role can it play? There are many people doubting it, but I do n’t doubt very much about it. The main reason is its deterrence. First of all, it can be clearly told that holding you like this is a puppet! It ’s illegal and you have such a thing. There are corresponding legal provisions to stop it. In addition, there is someone who manages similar acts of retribution. This is the most important point. He gives this kind of aggressor a kind of withering and says you do n’t want it. I think your relationship is outside the law, not like this, so after you apply for personal safety protection order Yong Yong, the law stipulates that you must come out to make money and security protection order within 72 hours. 72 hours is three days. In our entire litigation process, this three-day time is a very short time. Well, we will go to the filing court for review. It will take seven working days. 15 days. Three days is really a short time. That is to say, the law requires that a safety protection order be issued in a fast-response manner. How do you protect those who need protection? Right?
Hold to issue the prohibition, first of all you can not approach the victim or you want to move out of the family, etc., it is mainly based on the application of the victim, what he does, he does not have certain rules, this can be based on the applicant For the situation, think of specific methods. Right, right. For example, when I was a student, I moved back to my parents' house, but then he kept following me, and also harassed our family and let us. I have been living in fear. In this case, when we apply, we can say that she is forbidden to approach our family and that he is not allowed to follow us. Well, at this time, the content of personal security protection will say that it is forbidden. You are within six months, because his personal security protection order is six months, six months, up to six months, or each time is six months within six months, but if you apply It is still possible for people to apply for extension, and they can tell me to renew after expiration. Extending it in the future, these are all possible, so it is said that the behavior of the perpetrator is to be determined based on his behavior. I now think that deterrence exists, but this seems to be limited to the side of the perpetrator. See this There is no other wall for a conscious act after a protection order.
Qualitative measures to supervise the implementation, no, you think about it, what will happen to our laws and regulations? He will definitely implement that regulation, that is, we cannot let this law be a dead letter, always It is our legislators. They said that they should consider the matter after the people's court makes a personal safety protection order. To whom should he send this personal safety protection order? First, the applicant and the respondent should give it to the public security organ. Then give the neighborhood committees, village committees, etc. These organizations' personal safety protection orders are enforced by the people's courts. It is not fake, but the public security organs' neighborhood committees and villagers' associations will assist in their implementation. If you encounter this situation, The applicant, who called me, who, who, who? He violated this rule, he has been following me, or she is threatening me, threatening me, then at this time the public security organs need to deal with it to investigate this matter, if It's true at this time, say the people. A corresponding ruling should always be made, the detention, the fine and the fine. If the criminal law is violated, the public security organ must file a case to deal with it. Cabbage is back. Among the things we discussed today, this case has just been mentioned. Domestic violence is I scolded my daughter-in-law, and she hit them very severely, with fractured sternum and broken ribs. I had a question about the event I was watching at the time, if she said.
On the road, two people were in conflict, one of them hit the sternum fracture, the rib fracture could not be detained? Why did these things happen at home? The police went to persuade and leave, if it was then If a person is detained, isn't it more effective to go to his own domestic violence in the future? In fact, this kind of domestic violence, he has a fight with a fight or intentional injury, a very obvious difference, he is a family. Tired of contradiction, this is two people may be the two closest people in daily life, because the husband and wife are other members of the family are a family relationship is a very close relationship, in this case After being beaten, the victim may want to call the police, saying that you see who is calling me and ask you to protect me in a similar situation. After the police see it, first they will make an adjustment or the kind of failure People look at this situation. No, immediately be soft. This situation is also the bad guy, he will turn around and give me the answer, I will not investigate this matter, and then this matter will not be left, and people have been injured like this Is n’t this the policeman responsible? If one really wants to protect you, it ’s okay, and it ’s like this, I ’ve already hurt someone, I think it can be a minor injury. If it ’s put on criminal law, this It's time to sentence.
One party said that I would not be held accountable, would the public security be ignored? What is the premise that she is the sheep to be held accountable for his formal responsibility? Through the identification and identification of the victim, his injury is more than minor injuries. This identification process There may be some problems in China, whether it is work, or after the prosecutor's examination and prosecution, or the court's judgment, all he needs is evidence that there must be a corresponding appraisal report to prove this situation. How can EQ win? But there are some sex lovers who gave up halfway, and I will not identify them. Then, at this time, there is no corresponding fact to prove that his behavior constitutes a crime. If you have public security, he has no right to arrest someone casually. Right? Because the victim didn't cooperate, I won't make this appraisal. So who knows what happened to him? So, under these circumstances, it will really happen. What did you say just now, why is there no one to take care of it? 19 Isn't there no one to take care of it, but the victim's giving up, oops, when you see this kind of giving up, you will think of a sentence, mourning its misfortune, angering it I have now discovered a problem. There is domestic violence in the family, and there is a long-standing domestic violence behavior. Most of the reasons are due to the long-term tolerance of the injured party. If so, give everyone a model, if it is.
If we are the victims of domestic violence, try not to adopt a concessionary approach. I can forgive you for not being false, but I want to report to the police. I want the police to make a decision and say that it does exist. This situation, and then punish him, the detention, the fine and the fine constitute a criminal offense, the criminal responsibility should be investigated, the criminal responsibility should be held. With these evidences, you can be sufficient to ensure yourself, and do not believe it. He apologized again and wrote a guarantee. Some promises of this kind have a saying that as long as they have done it once, she will have no psychological obstacles the second time, and to a certain extent, it will be more serious than once. As far as we provide this personal safety protection order today, it can help the people facing these difficulties. Only the children are not only targeted at the women, but the elderly may also need data for the men. Men accounted for 2% of the domestic violence population, so when you look at what we said, we did not say that the victim must be the woman.