How to deal with harassment threats after breaking up?

How to deal with harassment threats after breaking up?

How to deal with harassment threats after breaking up? In life, we need to know some legal knowledge to better protect ourselves. Law is the general name of code and law, which respectively stipulate what citizens can and cannot do in social life. So how to deal with the threat of harassment after breaking up?

How to deal with harassment threats after breaking up? 1 legal analysis: disputes arising from feelings between the two parties should be settled through consultation. When there are social harmful behaviors such as infringement of personal rights and property safety, the victim has the right to report to the public security organ for handling.

For example, the harassment and threatening behavior after breaking up belongs to sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others, and the perpetrator can be punished with detention and fine. If it constitutes a criminal offence, criminal responsibility shall be investigated according to law.

Legal basis: Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for not more than five days or fined not more than five hundred yuan;

If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

How to deal with harassment threats after breaking up? If you can't stand the malicious harassment of your predecessor, call the police and apply for a personal safety protection order.

Bao (female) and Bao (male) were lovers, and they lived together. Hongmou beat Bao in a dispute caused by trivial matters, resulting in scalp laceration and hematoma of Bao. Bao broke up and moved out to live together. After breaking up, Hongmou still harassed Bao by calling, sending WeChat and staying at his residence.

Bao was fed up and called the police. The police criticized and educated Hong. Bao was worried that Hongmou would continue to carry out domestic violence and apply to the court for a personal safety protection order. Subsequently, the Banan District People's Court of Chongqing made a personal safety protection order according to law.

After receiving the personal safety protection order, Hongmou ignored the ban and continued to harass Bao by telephone, text message, WeChat, etc., threatening Bao to continue to associate with him. During this period, more than 300 messages were sent. The Banan District People's Court of Chongqing decided to impose a fine of 1000 yuan and detention of 15 days.

What is a personal safety protection order?

Personal safety protection order is a kind of civil compulsory measures, and it is a civil ruling made by the people's court to protect the personal safety of victims of domestic violence and ensure the normal conduct of marriage cases. The party concerned applies to the people's court for a personal safety protection order because of domestic violence or the real danger of domestic violence.

China's anti-domestic violence law not only prevents and stops violence among family members, but also includes violence among people who live together except family members. The personal rights of victims of cohabitation violence are protected by law.

How to apply for habeas corpus?

Jurisdiction court: the basic people's court in the place where the applicant or the respondent lives or where domestic violence occurs. The contents of the request include: prohibiting the respondent from committing domestic violence, prohibiting the respondent from harassing, stalking or contacting the applicant and its related close relatives, ordering the respondent to move out of the applicant's residence and other measures to protect the applicant's personal safety.

Time limit: after accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours; In case of emergency, it shall be made within twenty-four hours. Validity period: the validity period of the personal safety protection order shall not exceed six months, and shall take effect from the date of making it. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application.

The law of temperature says:

Habeas Corpus not only protects family members, but also applies to the people's court for habeas corpus when people other than family members commit acts of violence.

Personal safety protection order is not just a paper document, it is a legally binding judgment document made by the people's court according to law, which sets up a "legal umbrella" between the abuser and the victim and can prevent the recurrence of domestic violence to a great extent.

If the relevant personnel ignore the personal safety protection order and openly defy the court's judgment documents, which has touched the judicial bottom line, the court will severely punish the perpetrators who violate the personal safety protection order through judicial compulsory measures such as fines and detention.

How to deal with harassment and threats after breaking up? 3 What are the criteria for threatening to file a case?

In fact, the crime of intimidation cannot be regarded as a crime. Although the eighth amendment to the Criminal Law adds the content of intimidation to the trouble-making, there is no description of the crime of intimidation and related sentencing in the Criminal Law.

However, in fact, there are already criminal penalties for threats and intimidation, which stipulate that the relevant filing standards can also refer to the standards of the crime of provocation. If the circumstances are relatively minor, it may be handled in accordance with the provisions of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law.

Criteria for filing cases of affray;

1, beating others at will, causing physical injury to others, beating others with a weapon at will or having other bad circumstances;

2. Chasing, intercepting or abusing others, seriously affecting their normal work, production and life, or causing others to be insane, commit suicide or have other bad circumstances;

3. Blackmailing or arbitrarily destroying or occupying public or private property worth more than 2,000 yuan, blackmailing or arbitrarily destroying or occupying public or private property for more than three times or having other serious circumstances;

4. Gathering people to make trouble in public places, causing serious disorder in public places.

How to sentence the crime of intimidation

1. At present, there is no criminal provision of "intimidation crime" in China's criminal law. Article 226 Whoever forcibly buys or sells commodities by violence or threat, or forces others to provide services or force others to accept services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.

2. Simple intimidation generally does not constitute a crime, but some acts also constitute a crime, such as asking for property when threatening, which may constitute extortion.

3. Article 274 of China's Criminal Law: whoever extorts or extorts public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.