Hongmou violated the personal safety protection order.

[A hot legal case every day. 】 Hongmou violated the personal safety protection order

Domestic violence and judicial punishment

primary facts

The applicant Bao (female) and the respondent Hong were originally lovers and lived together. Hongmou beat Bao in a dispute caused by trivial matters, which led to scalp laceration and hematoma of Bao. Bao broke up and moved out of the common residence. After breaking up, Hongmou still harassed Bao by calling, sending WeChat and staying at his residence. Bao couldn't bear it and reported it to the police. The police criticized and educated Hong. Bao was worried that Hongmou would continue to commit domestic violence and applied to the court for a personal safety protection order. 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 calling, texting and sending WeChat, threatening Bao to continue to associate with him. During this period, more than 300 messages were sent.

Referee result

The Banan District People's Court of Chongqing decided to impose a fine of 1 10,000 yuan and a detention of 15 days on Hong.

Typical significance

This case is a typical case of making a personal safety protection order against domestic violence and judicial punishment for violations of the personal safety protection order, which has the following typical significance:

First, by making personal safety protection orders, the legitimate rights of victims of domestic violence are protected according to law, which shows the proper meaning of the rule of law. China has a historical tradition of "keeping the law out of the house" for thousands of years, but with the changes and progress of the times, the protection of the interests of vulnerable groups such as women and children has been widely recognized by the society. People who live together other than family members can be considered as fictional family members. According to Article 37 of the Anti-Domestic Violence Law, people who live together other than family members can apply for personal safety protection orders.

The second is to punish the behavior of openly disobeying the court's judgment documents according to law, which shows the bottom line of obeying the law. 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, and the relevant personnel must strictly abide by it, otherwise they will bear the corresponding legal consequences. Ignoring the personal safety protection order and openly disobeying the court judgment documents have touched the judicial bottom line and must be severely punished.

Third, by severely punishing domestic violence, it has a deterrent effect on the perpetrators and promoted the value orientation of social civilization. "Keeping the law out of the house" has become history, and opposing domestic violence is a sign of social civilization and progress. Punish the perpetrators who violate the personal safety protection order through judicial compulsory measures such as fines and detention, so that the anti-domestic violence will no longer stop at the judicial level of issuing relevant bans, which will shock the perpetrators and promote the sound development of the anti-domestic violence situation in the whole society.