The Higher People's Court of Southwest China's Chongqing Municipality recently released guidelines for personal safety protection orders, aiming at preventing and curbing family violence, enhancing the efforts of anti-domestic violence work and improving the quality, efficiency and effectiveness of ruling the personal safety protection orders.
The guidelines elaborate on eight aspects of the personal safety protection order, including the application subject, application conditions, application materials, case filing and handling, review process, proof standards, ruling content and ruling execution.
The guidelines point out that if the applicants lack the ability to provide evidences, the people's courts shall perform the duty of explaining to the applicants and guiding the applicants in providing evidences.
The people's courts can also notify the public security organs, the women's federations, the residents' committees, the villagers' committees, the relief management organizations and the legal aid agencies, give relevant information about the cases to them. Such organizations shall provide the applicants with corresponding assistance, the guidelines say.
When executing the personal safety protection order, the people's courts should play the role in resolving disputes and cooperate with women's federations, public security organs and relevant departments and organizations in carrying out the work of executing the order and paying return visits.
Any abuser who violates the protection order will be prosecuted for criminal liability according to law if it constitutes a crime.
If the case does not constitute a crime, the people's court shall reprimand the offender and impose a fine of no more than 1,000 yuan (US $143.60) and a detention of no more than 15 days in accordance with the seriousness of the case.
(Source: China Women's News/Translated and edited by Women of China)