Using the law for protection against domestic violence
A woman in Guangyuan, Sichuan, has publicly accused her husband of sixteen years of domestic violence, releasing video recordings and saying that he transferred assets during their divorce proceedings. The case has revived attention on what a victim can do. Leave the scene first and protect the head, neck, chest and abdomen; seek medical examination within 24 hours and keep the records; call 110 or the 12338 women's hotline; and apply to a court for a personal safety protection order, which can bar the abuser from the home and from contact.
A post has been trending on Weibo: "Wife publicly exposes sixteen years of domestic violence by her husband". The story comes from Guangyuan in Sichuan. The woman, Yang Yue (not her real name), published an account online of sixteen years of abuse by her husband, backed by video recordings. "I will not swallow my anger any longer. I am going to expose this violent man in full," she wrote, adding that she would no longer keep silent. She says that after repeated beatings she was left with no choice last year but to bring divorce proceedings, and that her husband, Luo, transferred assets behind her back while those proceedings were under way; their thirteen-year-old son witnessed the violence several times and was nearly struck himself. Luo has declined to speak to the press, saying that he has given a statement at the police station. The matter is now proceeding through the courts on the advice of the Cangxi County Women's Federation.
The story has turned attention back to domestic violence. There is no doubt that it must be opposed, and the points below are worth remembering.
First, given the disparity in physical strength, the priority is to get away. Where escape is not possible, protect yourself as best you can, covering the head, neck, chest, abdomen and other vital parts of the body.
Second, go to a hospital within 24 hours for examination and treatment, and preserve the evidence.
Third, call 110, or seek help through the 12338 women's rights hotline. This deters the abuser and produces records from the public security and women's federation departments that carry real weight as evidence.
Fourth, a victim may report the matter to the public security authorities or sue in a people's court, and may apply to the court for a personal safety protection order. In litigation, witnesses who know the facts can be asked to testify.
In what circumstances, then,
may an application be made to a court for a personal safety protection order?
Article 23 of the Anti-Domestic Violence Law of the People's Republic of China provides that where a party applies to a people's court for a personal safety protection order because of having suffered domestic violence or facing a real danger of it, the court shall accept the application. Where the party has no or limited capacity for civil conduct, or is unable to apply because of coercion or intimidation, the application may be made on that person's behalf by a close relative, a public security organ, a women's federation, a residents' or villagers' committee, or a relief management institution.
Under Article 27 of the Anti-Domestic Violence Law, the following conditions must be met for a personal safety protection order to be made:
(1) there is a clearly identified respondent;
(2) there is a specific request;
(3) there are circumstances of having suffered domestic violence or facing a real danger of it.
An application for a personal safety protection order should be made in writing; where a written application is genuinely difficult, it may be made orally and the people's court will record it.
What measures may a personal safety protection order include?
Under Article 29 of the Anti-Domestic Violence Law, a personal safety protection order may include the following measures:
(1) prohibiting the respondent from committing domestic violence;
(2) prohibiting the respondent from harassing, stalking or contacting the applicant and relevant close relatives;
(3) ordering the respondent to move out of the applicant's residence;
(4) other measures to protect the applicant's personal safety.
What issues does divorce arising from domestic violence mainly involve?
Where domestic violence occurs, it is usually the victim who sues for divorce, and a divorce petition asking the court to dissolve the marriage normally raises two matters: the arrangements for the children and the division of property after the divorce.
Arrangements for the children:
Where the defendant's domestic violence has led to the divorce, that is generally taken to be detrimental to the children's upbringing, so the children should live with the plaintiff and the defendant should pay child support.
Division of property after divorce:
A victim suing for divorce should set out her own position on the division of property, but where she does not know the other party's financial position and has no way of proving it, for example as to investments or deposits that the other party controls, the court may require the defendant to report his assets truthfully. Joint property that is established should be divided equally, half to each. Where the defendant conceals or transfers property, the victim may, on discovering it, bring a separate action for division and require the defendant to pay interest on the relevant sum.