C China Province Publishes Decisions on Personal Security Protection

December 26, 2018
Editor: Wang Yue

Officials in central China's Hunan Province published a statement on personal security protection orders last month, aimed at fighting domestic violence, securing the legal interests of minors, women and the elderly and maintaining harmonious family relations.

The announcement was timed to coincide with November 25, International Day for the Elimination of Violence against Women.

The document was jointly developed by the provincial court, the public security and civil affairs departments and Hunan Women's Federation (HWF). It was issued to relevant departments at all levels.

The document refined the application, reviewing and judgment process for personal security protection orders as well as its procedures and systems.

It defined that people's courts should provide applicants with guidance services and offer a "green channel" to relevant cases. Court staff should examine cases and issue protection orders as soon as possible.

As for applicants who had suffered from domestic violence, the protection order should take effect according to certain conditions, said officials.

First, the order should be used to stop perpetrators' violence against victims.

Second, the order prohibits perpetrators to harasses, track or contact victims and their relatives.

Third, the order demands perpetrators to move out of the homes of applicants.

Fourth, officials should carry out further actions which can protect victims' personal safety, such as recommending perpetrators to receive psychotherapy and keep away from the victims.

The document explained that courts should send any protection order to applicants and perpetrators promptly, and make a copy available for the local public security department, residents and village committee, which have a duty to assist in the execution of such a directive. 

Public security department should take immediate actions to stop illegal behavior by perpetrators as soon as police receive calls.

Police should urge perpetrators to follow the protection order and collect evidence so as to further protect the rights and interests of the applicants.

Furthermore, the document indicates that the court should monitor and investigate the accused party and pay the injured party a visit to ensure the end of domestic violence and the effectiveness of the protection order.

If necessary, social services such as legal assistance and psychological counseling should be provided by relevant organizations to the injured party.

(Source: China Women's News/Translated and edited by Women of China)

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