Q&A regarding new PPO (Part 1)
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 Personal Safety Protection Order (“PPO”) system stipulated in the Anti-Domestic Violence Law.
Q: Under which circumstances can a PPO be applied?
A: According to Article 23 of the Anti-Domestic Violence Law, when a party concerned has suffered from domestic violence or faced the real danger of domestic violence, the victim shall have the right to apply to a People’s Court for a PPO, and the application shall be accepted by the People’s Court.
Q: What is Domestic Violence?
A: According to Article 2 of the Anti-Domestic Violence Law, “domestic violence” refers to physically or mentally injurious acts committed by a family member against another family member by means of beating, restraint, harm, forcible restrictions on physical liberty, and frequent abuse and intimidation.
On this basis, the Provisions expand the scope of domestic violence in the form of enumeration. Physically or mentally injurious acts committed by family members by means of freezing, starvation, frequent insults, defamation, threats, stalking, and harassment are also identified as “domestic violence” under Article 2 of the Anti-Domestic Violence Law.
Q: Is the application of PPO premised on divorce?
A: According to the second paragraph of Article 1 of the Provisions, the application to a People’s Court for a PPO is not subject to civil proceedings such as divorce.
Q: Who can apply for a PPO on behalf of victims?
A: According to Article 23 of the Anti-Domestic Violence Law, if the party concerned is a person with limited or no civil capacity, or is unable to apply for a PPO due to coercion, threats or other reasons, public security organs, the Woman’s Federation, neighbor committees, village committees and organs for the relief and management can apply on their behalf.
From the perspective of more comprehensive protections of the victims of domestic violence, the Provisions expand the scope of the subjects eligible for such filings. Civil affairs departments, the Disabled People’s Federation and legally established organizations for seniors can also apply for a PPO on behalf of victims.
Q: Which courts have jurisdiction to applications for PPO?
A: Applicants may choose one of the following primary courts to apply for a PPO:
Applicant’s place of residence;
Respondent’s place of residence;
Place of occurrence of domestic violence.
Stay tuned for Part 2!
We’ll continue our Q&A next week.
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.
