The concept of court protection order

"Writ of habeas corpus" is a popular name for the image of "writ of habeas corpus", and its legal basis is the provisions of Article 100 of the Civil Procedure Law which came into effect on 20 13 1. This article stipulates: "In the case that the judgment may be difficult to execute or cause other damage to the parties, the people's court may, upon the application of the other party, order them to preserve property, order them to do certain acts or prohibit them from doing certain acts." . Then the article 10 1 stipulates the pre-litigation behavior preservation system, that is, applying for behavior preservation before filing a lawsuit.

The parties who have suffered or may suffer from domestic violence and their legal representatives have the right to apply to the court with jurisdiction. In case of emergency, the parties concerned shall submit a written or oral application to the court. The parties shall specify the scope of application for court preservation in the application form. Generally speaking, the scope of application for preservation is:

1. It is forbidden for the respondent to beat or threaten the applicant or the applicant's relatives and friends;

2. It is forbidden for the respondent to harass or follow the applicant, or make unwelcome contact with the applicant or the minor children who may be hurt;

3. It is forbidden for the respondent to move within 200 meters of the following places: the applicant's residence, school, work unit or other places frequented by the applicant;

4. During the effective period of the ruling on personal safety protection, one party shall not dispose of the property with greater value of husband and wife without authorization;

5. If necessary and qualified, the respondent may be ordered to temporarily move out of the residence shared by both parties.

If a party applies to the people's court for a writ of habeas corpus, it shall submit to the court preliminary evidence to prove that it has suffered, is suffering or is facing the danger of domestic violence, such as photos, medical records, judicial expertise, alarm certificates, witness testimony, relevant records or certificates of social institutions, and threatening mobile phone messages sent to the applicant.

The court shall decide whether to make a writ of habeas corpus within 48 hours after receiving the application, and the ruling shall take effect immediately. The writ of habeas corpus is a "curse" imposed on the perpetrator. If a party to a restricted act fails to perform the writ, the people's court has the right to impose a fine or detention in accordance with the provisions of Article 111 of the Civil Procedure Law according to the seriousness of the case. If a crime is constituted, criminal responsibility shall be investigated according to law.